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OFFICE COPY 



OF THE 



LAWS, REGULATIONS, ETC., 

OF THE 



INDIAN BUREAU. 



18SO. 



WASHINGTON: 

GOVERNMENT PRINTING OFFICE 

1874. 



TWO ACTS m RELATION TO INDIAN AFFAIRS. 

AN ACT to regulate trade and intercourse with Indian tribes 7 and to preserve peace on the 

frontiers. 

Section 1. Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress assembled, That all 
that part of the United States west of the Mississippi, and not within 
the States of Missouri and Louisiana, or the Territory of Arkansas; and, 
also, that part of the United States east of the Mississippi River, and not 
within any State to which the Indian title has not been extinguished, for 
the purposes of this act be taken and deemed to be the Indian country. 

Sec. 2. And, be it further enacted, That no person shall be permitted 
to trade with any of the Indians, (in the Indian country,) without a 
license therefor from a superintendent of Indian affaire, or Indian agent, 
or sub-agent ; which license shall be issued for a term not exceeding two 
years for the tribes east of the Mississippi, and not exceeding three 
years for the tribes west of that river. And the person applying for 
such license shall give bond in a penal sum not exceeding five thousand 
dollars, with one or more sureties,, to be approved by the person issuing 
the same, conditioned that such, person will faithfully observe all the 
laws and regulations made for the government of trade and intercourse 
with the Indian tribes, and in no respect violate the same. And the 
superintendent of the district shall have power to revoke and cancel 
the same, whenever the person licensed shall, in his opinion, have trans- 
gressed any of the laws or regulations provided for the government of 
trade and intercourse with the Indian tribes, or that it would be im- 
proper to permit him to remain in the Indian country. And no trade 
with the said tribes shall be carried on within their boundary, except at 
certain suitable and convenient places, to be designated from time to 
time by the superintendents, agents, and sub-agents, and to be inserted 
in the license. And it shall be .the duty of the persons granting or 
revoking such licenses forthwith to report the same to the Commissioner 
of Indian Affairs for his approval or disapproval. 

Sec. 3. And be it further enacted, That any superintendent or agent 
may refuse an application for a license to trade if he is satisfied that the 
applicant is a person of bad character, or that it would be improper to 
permit him to reside in the Indian country; or if a license, previously 
granted to such applicant, has been revoked, or a forfeiture of his bond 
decreed. But an appeal may be had from the agent or the superintend- 
ent to the Commissioner of Indian Affaire; and the President of the 
United States shall be authorized, whenever in his opinion the public 
interest may require the same, to prohibit the introduction of goods, or 
of any particular article, into the country belonging to any Indian tribe, 
and to direct all licenses to trade with such tribe to be revoked, and all 



4 



applications therefor to be rejected ; and no trader to any other tribe 
shall, so long as such prohibition may continue, trade with any Indians 
of, or for, the tribe against which such prohibition is issued. 

Sec. 4. And be it further enacted, That any person, other than an 
Indian, who shall attempt to reside in the Indian country as a trader, or 
to introduce goods, or to trade therein without such license, shall forfeit 
all merchandise offered for sale to the Indians, or found in his posses- 
sion, and shall, moreover, forfeit and pay the sum of five hundred dollars. 

Sec. 5. And be it f urther enacted, That no license to trade with the 
Indians shall be granted to any persons excej)t citizens of the United 
States : Provided, That the President shall be authorized to allow the 
employment of foreign boatmen and interpreters, under such regula- 
tions as he may prescribe. 

Sec. 6. And be it f urther enacted, That if a foreigner shall go into 
the Indian country without a passport from the War Department, the 
superintendent, agent, or sub-agent of Indian affairs, or from the officer 
of the United States commanding the nearest military post on the fron- 
tiers, or shall remain intentionally therein after the expiration of such 
passport, he shall forfeit and pay the sum of one thousand dollars ; and 
such passport shall express the object of such person, the time he is 
allowed to remain, and the route he is to travel. 

Sec. 7. And be it further enacted, That if any person, other than an 
Indian, shall, within the Indian country, purchase or receive of any 
Indian, in the way of barter, trade, or pledge, a gun, trap, or other 
article commonly used in hunting, any instrument of husbandry or 
cooking utensils of the kind commonly obtained by the Indians in their 
intercourse with the white people, or any other article of clothing 
except skins or furs, he shall forfeit and pay the sum of fifty dollars. 

Sec. 8. And be it further enacted, That if any person, other than an 
Indian, shall, within the limits of any tribe with wmom the United 
States shall have existing treaties, hunt, or trap, or take and destroy, 
any peltries, or game, except for subsistence, in the Indian country, 
such person shall forfeit the sum of five hundred dollars, and forfeit all 
the traps, guns, and ammunition in his possession, used or procured to 
be used for that purpose, and peltries so taken. 

Sec. 9. And be it further enacted, That if any person shall drive, or 
otherwise convey, any stock of horses, mules, or cattle, to range and 
feed on any land belonging to any Indian or Indian tribe, without the 
consent of such tribe, such person shall forfeit the sum of one dollar 
for each animal of such stock. 

Sec. 10. And be it farther enacted, That the superintendent of Indian 
affairs, and Indian agents, and sub-agents, shall have authority to 
remove from the Indian country all persons found therein contrary to 
law ; and the President of the United States is authorized to direct the 
military force to be employed in such removal. 

Sec 11. And be it further enacted, That if any person shall make a 
settlement on any lands belonging, secured, or granted, by treaty with 
the United States, to any Indian tribe, or shall survey, or shall attempt 
to survey, such lands, or designate any of the boundaries by marking 
trees, or otherwise, such offender shall forfeit and pay the sum of one 
thousand dollars. And it shall, moreover, be lawful for the President of 



5 



the United States to take such measures, and to employ such military 
force, as he may judge necessary to remove from the lands as aforesaid 
any such person as aforesaid. 

Sec. 12. And be it further enacted, That no purchase, grant, lease, 
or other conveyance of lands, or of any title or claim thereto, from any 
Indian nation or tribe of Indians, shall be of any validity in law or 
equity, unless the same be made by treaty or convention entered into 
pursuant to the Constitution. And if any person, not employed under 
the authority of the United States, shall attempt to negotiate such treaty 
or convention, directly or indirectly, to treat with any such nation or 
tribe of Indians for the title or purchase of any lands by them held or 
claimed, such person shall forfeit and pay one thousand dollars : Pro- 
vided, nevertheless, That it shall be lawful for the agent or agents of any 
State who may be present at any treaty held with Indians under the 
authority of the United States, in the presence and with the approba- 
tion of the commissioner or commissioners of the United States ap- 
pointed to hold the same, to propose to, and adjust with, the Indians the 
compensation to be made for their claim to lands within such State, which 
shall be extinguished by treaty. 

Sec. 13. And be it further enacted, That if any citizen or other per- 
son, residing within the United States or the territory thereof, shall send 
any talk, speech, message, or letter, to any Indian nation, tribe, chief, 
or individual, with an intent to produce a contravention or infraction of 
any treaty or other law of the United States, or to disturb the peace and 
tranquillity of the United States, he shall forfeit and pay the sum of two 
thousand dollars. 

Sec. 14:. And be it f urther enacted, That if any citizen or other per- 
son shall carry or deliver any such talk, message, speech, or letter, to or 
from any Indian nation, tribe, chief, or individual, from or to any person 
or persons whatsoever residing within the United States, or from or to 
any subject, citizen, or agent of any foreign power or State, knowing 
the contents thereof, he shall forfeit and pay the sum of one thousand 
dollars. 

Sec. 15. And be it f urther enacted, That if any citizen or other per- 
son, residing or living among the Indians, or elsewhere within the terri- 
tory of the United States, shall carry on a correspondence, by letter or 
otherwise, with any foreign nation or power, with an intent to induce 
such foreign nation or power to excite any Indian nation, tribe, chief, 
or individual to war against the United States, or to the violation of 
any existing treaty; or in case any citizen or other person shall alienate, 
or attempt to alienate, the cenfidence of any Indian or Indians from the 
Government of the United States, he shall forfeit the sum of one thou- 
sand dollars. 

Sec. 16. And be it further enacted, That where, in the commission, 
by a white person, of any crime, offense, or misdemeanor within the In- 
dian country, the property of any friendly Indian is taken, injured, or 
destroyed, and a conviction is had for such crime, olfense, or misde- 
meanor, the person so convicted shall be sentenced to pay to such friendly 
Indian to whom the property may belong, or whose person may be in- 
jured, a sum equal to twice the just value of the property so taken, in- 



6 



j.uredj or destroyed. And if siich offender shall be unable to pay a sum 
at least equal to the just value or amount, whatever such payment shall 
fall short of the same shall be paid out of the treasury of the United 
States: Provided, That no such Indian shall be entitled to any payment 
out of the treasury of the United States for any such property if he, or 
any of the nation to which he belongs, shall have sought private revenge, 
or attempted to obtain satisfaction by any force or violence: And pro- 
vided, also, That if such offender cannot be apprehended and brought to 
trial, the amount of such property shall be paid out of the treasury as 
aforesaid. 

Sec. 17. And, be it further enacted, That if any Indian or Indians 
belonging to any tribe in amity with the United States shall, within the 
Indian country, take or destroy the property of any person lawfully 
within such country, or shall pass from the Indian country into any 
State or Territory inhabited by citizens of the United States, and there 
take, steal, or destroy any horse, horses, or other property belonging 
to any citizen or inhabitant of the United States, such citizen or in- 
habitant, his representative, attorney, or agent, may make application 
to the proper superintendent, agent, or sub-agent, who, upon being fur- 
nished with the necessary documents and proofs, shall, under the direc- 
tion of the President, make application to the nation or tribe to which 
said Indian or Indians shall belong for satisfaction; and if such nation 
or tribe shall neglect or refuse to make satisfaction in a reasonable time, 
not exceeding twelve months, it shall be the duty of such superintendent, 
ao;ent, or sub-afirent to make return of his doings to the Commissioner of 
Indian Affairs, that such further steps may be taken as shall be proper, 
in the opinion of the President, to obtain satisfaction for the injury; and, 
in the mean time, in respect to the property so taken, stolen, or destroyed, 
the United States guarantee to the party so injured an eventual indem- 
nification: Provided, That if such injured party, his representative, 
attorney, or agent, shall, in any way, violate any of the provisions of this 
act, by seeking or attempting to obtain private satisfaction or revenge, 
he shall forfeit all claim upon the United States for such indemnification: 
And provided, also, That unless such claim shall be presented within 
three years after the commission of the injury, the same shall be barred. 
And if the nation or tribe to which such Indian may belong receive an 
annuity from the United States, such claim shall, at the next payment 
of the annuity, be deducted therefrom and paid to the party injured;* 
and if no annuity is payable to such nation or tribe, then the amount of 
the claim shall be paid from the treasury of the United States: Provided, 
That nothing herein, contained shall prevent the legal apprehension and 
punishment of any Indian having so offended. 



* Amended as follows by act approved February 28, 1859 : 

Section 8. And be it further enacted, That so much of the act entitled "An Act to regulate 
trade and intercourse with the Indian tribes, and to preserve peace on the frontiers," approved 
June thirtieth, eighteen hundred and thirty-four, as provides that the United States shall 
make indemnification out of the treasury for property taken or destroyed, in certain cases, by 
Indians trespassing on white men as described in said act. be. and the same is hereby, repealed : 
Provided, hoivever, That nothing herein contained shall be so construed as to impair or destroy 
the obligation of the Indians to make indemnification out of the annuities as provided in 
said act. 



7 



Sec. 18. And be it further enacted, That the superintendents, agents, 
and sub-agents, within their respective districts, be, and are hereby, 
authorized and empowered to take depositions of witnesses touching any 
depredations within the purview of the two preceding sections of this act, 
and to administer an oath to the deponents. 

Sec. 19. And he it further enacted, That it shall be the duty of the 
superintendents, agents, and sub-agents to endeavor to procure the arrest 
and trial of all Indians accused of committing any crime, offense, or mis- 
demeanor, and all other persons who may have committed crimes or 
offenses within any State or Territory, and have fled into the Indian 
country, either by demanding the same to the chiefs of the proper tribe, 
or by such other means as the President may authorize; and the Presi- 
dent may direct the military force of the United States to be employed 
in the apprehension of such Indians, and also in preventing or termi- 
nating hostilities between any of the Indian tribes. 

Sec. 20.* And be it further enacted, That if any person shall sell, 
exchange, or give, barter, or dispose of, any spirituous liquor or wine to 
an Indian, (in the Indian country,) such person shall forfeit and pay 
the sum of five hundred dollars ; and if any person shall introduce or 
attempt to introduce, any spirituous liquor or wine into the Indian 
country, except such supplies as shall be necessary for the officers of the 
United States and troops of the service, under the direction of the War 
Department, such person shall forfeit and pay a sum not exceeding three 
hundred dollars; and if any superintendent of Indian affairs, Indian 
agent, sub-agent, or commanding officer of a military post has reason to 
suspect, or is informed, that any white person or Indian is about to in- 
troduce, or has introduced, any spirituous liquor or wine into the Indian 
country, in violation of the provisions of this section, it shall be lawful 
for such superintendent, Indian agent, or sub-agent, or military officer, 
agreeably to such regulations as may be established by the President of 



* Amended as follows by act approved February 13, 1882: That the twentieth section of 
the "Act to xegulate trade and intercourse with the Indian tribes, and to preserve peace on 
the frontiers,'' approved June thirtieth, eighteen hundred and thirty-four, be, and the same 
is hereby, amended, so as to read as follows, to wit: 

" Sec. 20. And be it further enacted, That if any person shall sell, exchange, give, barter, 
or dispose of any spirituous liquor or wine to any Indian under the charge of any Indian 
superintendent or Indian agent appointed by the United States, or shall introduce, or attempt 
to introduce, any spirituous liquor or wine into the Indian country, such person, on conviction 
thereof before the proper district court of the United States, shall be imprisoned for a period 
not exceeding two years, and shall be fined not more than three hundred dollars : Provided, 
however, That it shall be a sufficient defense to any charge of introducing, or attempting to 
introduce, liquor into the Indian country if it be proved to be done by order of the War 
Department, or of any officer duly authorized thereto by the War Department. And if any 
superintendent of Indian affairs, Indian agent, or sub-agent, or commanding officer' of a mili- 
tary post, has reason to suspect, or is informed, that any white person or Indian is about to 
introduce, or has introduced, any spirituous liquor or wine into the Indian country, in viola- 
tion of the provisions of this section, it shall be lawful for such superintendent, agent, sub- 
agent, or commanding officer to cause the boats, stores, packages, wagons, sleds, and places of de- 
posit of such persons to be searched ; and if any such liquor is found therein, the same, together 
with the boats, teams, wagons, and sleds, used in conveying the same, and also the goods, 
packages, and peltries of such person, shall be seized and delivered to the proper officer, and 
shall be proceeded against by libel in the proper court, and forfeited — one half to the informer, 
and the other half to the use of the United States; and if such person be a trader, his license 
shall be revoked and his bond put in suit. And it shall moreover be lawful for any person 
in the service of the United States, or for any Indian, to take and destroy any ardent spirits 
or wine round in the Indian country, except such as may be introduced therein by the War 
Department; and in all cases arising under this act Indians shall be competent witnesses. 



8 



the United States, to cause the boats, stores, packages, and place of 
deposit of such person to be searched, and if any such spirituous liquor 
or wine is found, the goods, boats, packages, and peltries of such persons 
shall be seized and delivered to the proper officer, and shall be proceeded 
against, by libel, in the proper court, and forfeited, one-half to the use of 
the informer, and the other half to the use of the United States ; and if 
such person is a trader, his license shall be revoked and his bond put in 
suit. And it shall, moreover, be lawful for any person in the service of 
the United States, or for any Indian, to take and destroy any ardent 
spirits or wine found in the Indian country, excepting military supplies, 
as mentioned in this section. 

Sec. 21. And be it further enacted, That if any person whatever 
shall, within the limits of the Indian country, set up or continue any dis- 
tillery for manufacturing ardent spirits, he shall forfeit and pay a penalty 
of one thousand dollars ; and it shall be the duty of the superintendent 
of Indian affairs, Indian agent, or sub-agent, within the limits of whose 
agency the same shall be set up or continued, forthwith to destroy and 
break up the same ; and it shall be lawful to employ the military force 
of the United States in executing that duty. 

Sec. 22. And be it further enacted, That in all trials about the right 
of property, in which an Indian may be a party on one side and a white 
person on the other, the burden of proof shall rest upon the white person 
whenever the Indian shall make out a presumption of title in himself 
from the fact of previous possession or ownership. 

Sec. 23. A nd be it further enacted, That it shall be lawful for the 
military force of the United States to be employed, in such manner and 
under such regulations as the President may direct, in the apprehension 
of every person who shall or may be found in the Indian country in vio- 
lation of any of the provisions of this act, and him immediately to convey 
from said Indian country, in the nearest convenient and safe route, to the 
civil authority of the Territory or judicial district in which said person 
shall be found, to be proceeded against in due course of law; and also 
in the examination and seizure of stores, packages, and boats, authorized 
by the twentieth section of this act, and in preventing the introduction of 
persons and property into the Indian country contrary to law; which per- 
sons and property shall be proceeded against according to law : Provided, 
That no person, apprehended by military force as aforesaid, shall be de- 
tained longer than live days after the arrest, and before removal. And 
all officers and soldiers who may have any such person or persons in 
custody shall treat them with all the humanity which the circumstances 
will possibly permit; and every officer or soldier who shall be guilty of 
maltreating any such person, while in custody, shall suffer such punish- 
ment as a court-martial shall direct. 

Sec. 24. And be it further enacted, That for the sole purpose of 
carrying this act into effect, all that part of the Indian country west of 
the Mississippi River that is bounded north by the north line of land as- 
signed to the Osage tribe of Indians, produced east to the State of Mis- 
souri, west by the Mexican possessions, south by lied River, and east by 
the west line of the Territory of Arkansas and the State of Missouri, 
shall be, and hereby is, annexed to the Territory of Arkansas; and that, 



9 



for the purpose aforesaid, the residue of the Indian country west of said 
Mississippi River shall be, and hereby is, annexed to the judicial district 
of Missouri ; and, for the purpose aforesaid, the several portions of Indian 
country east of the said Mississippi River shall be, and are hereby, sever- 
ally annexed to the Territory in which they are situate. 

Sec. 25. And be it f urther enacted. That so much of the laws of the 
United States as provides for the punishment of crimes committed within 
any place within the sole and exclusive jurisdiction of the United States 
shall be in force in the Indian country : Provided, The same shall not 
extend to crimes committed by one Indian against the person or prop- 
erty of another Indian. 

Sec. 26. And be it further enacted, That if any person who shall be 
charged with a violation of any of the provisions or regulations of this 
act shall be found within any of the United States, or either of the Ter- 
ritories, such offender may be there apprehended, and transported to the 
Territory or judicial district having jurisdiction of the same. 

Sec. 27. And be it further enacted, That all penalties which shall 
accrue under this act shall be sued for and recovered in an action of debt, 
in the name of the United States, before any court having jurisdiction of 
the same, (in any State or Territory in which the defendant shall be 
arrested or found,) the one half to the use of the informer, and the other 
half to the use of the United States, except when the prosecution shall 
be first instituted on behalf of the United States; in which case the 
whole shall be to their use. 

Sec. 28. And be it further enacted, That when goods or other prop- 
erty shall be seized for any violation of this act, it shall be lawful for the 
person prosecuting on behalf of the United States to proceed against 
such goods, or other property, in the manner directed to be observed in 
the case of goods, wares, or merchandise brought into the United States 
in violation of the revenue laws. 

Sec. 29. And be it further enacted, That the following acts and parts 
of acts shall be, and the same are hereby, repealed, namely: An act to 
make provision relative to rations to Indians, and to their visits to the 
seat of Government, approved May thirteenth, eighteen hundred ; an act 
to regulate trade and intercourse with the Indian tribes, and to preserve 
peace on the frontiers, approved March thirty, eighteen . hundred and 
two; an act supplementary to the act passed thirtieth March, eighteen 
hundred and two, to regulate trade and intercourse with the Indian 
tribes, and to preserve peace on the frontiers, approved April twenty- 
nine, eighteen hundred and sixteen; an act for the punisnmcnt of crimes- 
arid offenses committed within the Indian boundaries, approved March 
three, eighteen hundred and seventeen ; the first and second sections of 
the act directing the manner of appointing Indian agents, and continuing 
the "Act establishing trading-houses with the Indian tribes," approved 
April sixteen, eighteen hundred and eighteen ; an act fixing the compen- 
sation of Indian agents and factors, approved April twenty, eighteen 
hundred and eighteen ; an act supplementary to the act entitled "An Act 
to provide for the prompt settlement of public accounts," approved Feb- 
ruary twenty-four, eighteen, hundred and nineteen; the eighth section of 
the act making appropriations to carry into effect treaties concluded with* 



10 



several Indian tribes therein mentioned, approved March three, eighteen 
hundred and nineteen ; the second section of the act to continue in force 
for a further time the act entitled u An Act for establishing trading- 
houses with the Indian tribes, and for other purposes," approved March 
three, eighteen hundred and nineteen; an act to amend an act entitled 
"An Act to regulate trade and intercourse with the Indian tribes, and to 
preserve peace on the frontiers," approved thirtieth of March, eighteen 
hundred and two, approved May six, eighteen hundred and twenty-two; 
an act providing for the appointment of an agent for the Osage Indians 
west of the State of Missouri and Territory of Arkansas, and for other 
purposes, approved May eighteen, eighteen hundred and twenty-four; 
the third, fourth, and fifth sections of u An Act to enable the President 
to hold treaties with certain Indian tribes, and for other purposes," 
approved May twenty-five, eighteen hundred and twenty-fonr; the second 
section of the u Act to aid certain Indians of the Creek Nation in their 
removal to the west of the Mississippi," approved May twenty, eighteen 
hundred and twenty-six; and an act to authorize the appointment of a 
sub-agent to the Winnebago Indians, on Rock River, approved February 
twenty -five, eighteen hundred and thirty-one: Provided, however, That 
such repeal shall not affect any rights acquired, or punishments, penalties, 
or forfeitures incurred, under either of the acts or parts of acts, nor im- 
pair nor affect the intercourse act of eighteen hundred and two, so far as 

the same relates to or concerns Indian tribes residing east of the Missis- 

<_> 

sippi : And provided, also, That such repeal shall not be construed to 
revive auy act or part of acts repealed by either of the acts or sections 
herein described. 

Sec. 30. And be it further enacted, That until a Western Territory 
shall be established the two agents for the Western Territory, as pro- 
vided in the act for the organization of the Indian Department, this day 
approved by the President, shall execute the duties of agents for such 
tribes as may be directed by the President of the United States. And 
it shall be competent for the President to assign to one of the said agents, 
in addition to his proper duties, the duties of superintendent for such 
district of country or for such tribes as the President may think fit. 
And the powers of the superintendent at St. Louis, over such district or 
tribes as may be assigned to such acting superintendents, shall cease: 
Provided, That no additional compensation shall be allowed for such 
services. 

Approved June 30, 1834. [Stats, at Large, vol. 4, p. 729, &c] 

AN ACT to provide for the organization of the Department of Indian Affairs. 

Section" 1. Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress assembled, That 
the duties of the governors of the Territories of Florida and Arkansas, 
as superintendents of Indian affairs, shall hereafter cease, and the duties 
of the governor of the Territory of Michigan, as superintendent of In- 
dian affairs, shall cease from and after the establishment of a new Ter- 
ritory, embracing the country west of Lake Michigan, should such a 
Territory be established. And while the governor of the said Territory 
of Michigan continues to act as a superintendent of Indian affairs, he 



11 



shall receive therefor the annual sum of one thousand dollars, in full 
of all allowances, emoluments, or compensation for services in said 
capacity. 

Sec. 2. And be it further enacted, That there shall be a superin- 
tendence of Indian affairs for all the Indian country not within the 
bounds of any State or Territory west of the Mississippi River, the super- 
intendent of which shall reside at St. Louis, and shall annually receive a 
salary of fifteen hundred dollars. 

Sec. 3. And be it further enacted, That superintendents of Indian 
affairs shall, within their several superintendencies, exercise a general 
supervision and control over the official conduct and accounts of all 
officers and persons employed by the Government in the Indian Depart- 
ment, under such regulations as shall be established by the President of 
the United States; and may suspend such officers and persons from their 
office or employments, for reasons forthwith to be communicated to the 
Secretary of War. 

Sec. 4. And be it further enacted. That the following Indian agents 
shall be appointed by the President of the United States, by and with 
the advice and consent of the Senate, who shall hold their offices lor 
[the] term of four years, and who shall give bond, with two or more 
securities, in the penal sum of two thousand dollars, for the faithful 
execution of the same, and shall receive the annual compensation of 
fifteen hundred dollars: 
, Two agents for the Western Territory. 

An agent for the Chickasaws. 

An agent for the Eastern Cherokees. 

An agent for the Florida Indians. 

An agent for the Indians in the State of Indiana. 

An agent at Chicago. 

An agent at Rock Island. 

An agent at Prairie du Chien. 

An agent for Michilimackinac and Sault Sainte Marie. 

An agent for the Saint Peter's. 

An agent for the Upper Missouri. 
And the followiug agencies shall be discontinued at the periods herein 
mentioned — that is to say: 

The Florida agency, from and after the thirty-first day of December 
next. 

The Cherokee agency, from and after the thirty first day of December 
next. 

The Indiana agency, from and after the thirty-first day of December, 
eighteen hundred and thirty-six. 

The Chicago agency, from and after the thirty-first day of December 
next. 

The Rock Island agency, from and after the thirty-first day of Decem- 
ber, eighteen hundred and thirty-six. 

And all other agencies, not provided for in this act, from and after 
the passing thereof: Provided, That the limitation of the said agencies 
shall not be construed to prevent the President of the United States 
from discontinuing the same at an earlier period. And the President 



12 



shall be, and be is hereby, authorized, whenever he may judge it expe- 
dient, to discontinue any Indian agency, or to transfer the same from 
the place or tribe designated by law to such other place or tribe as the 
public service may require. And every Indian agent shall reside and 
keep his agency within or near the territory of the tribe for which he 
may be agent, and at such place as the President may designate, and 
shall not depart from the limits of his agency without permission. And 
it shall be competent for the President to require any military officer of 
the United States to execute the duties of Indian agent. 

Sec 5. And be it further enacted, That a competent number of sub- 
agents shall be appointed by the President, with an annual salary of 
seven hundred and fifty dollars each, to be employed and to reside 
wherever the President may direct, and who shall give bonds, with one 
or more sureties, in the penal sum of one thousand dollars, for the faith- 
ful execution of the same. But no sub-agent shall be appointed who 
shall reside within the limits of any agency where there is an agent 
appointed. 

Sec. 6. And be it further enacted. That nothing herein contained 
shall be construed to require the re appointment of persons now in office 
until the expiration of their present term of service; but the commis- 
sions of all Indian agents and sub-agents, now in office, shall expire on 
the fourth day of March next, unless sooner terminated. 

Sec. 7. And be it further enacted, That the limits of each agency 
and sub-agency shall be established by the Secretary of War, either by 
tribes or by geographical boundaries. And it shall be the general duty 
of Indian agents and sub-agents to manage and superintend the inter- 
course with the Indians within their respective agencies, agreeably to law; 
to obey all legal instructions given to them by the Secretary of War, the 
Commissioner of Indian Affairs, or the superintendent of Indian affairs; 
and to carry into effect such regulations as may be prescribed by the 
President. 

Sec. 8. And be it further enacted, That the President of the United 
States may, from time to time, require additional security, and in larger 
amounts, from all persons charged or trusted, under the laws of the 
United States, with the disbursement or application of money, goods, or 
effects of any kind, on account of the Indian Department. 

Sec 9. And be it further enacted, That an interpreter shall be allowed 
to each agency, who shall receive an annual salary of three hundred dol- 
lars: Provided, That where there are different tribes in the same agency 
speaking different languages, one interpreter may be allowed, at the dis- 
cretion of the Secretary of War, for each of the said tribes. Interpret- 
ers shall be nominated by the proper agents to the War Department for 
approval, and may be suspended, by the agent, from pay and duty, and 
the circumstances reported to the War Department for final action ; and 
blacksmiths shall, in like manner, be employed wherever required by 
treaty stipulations, and such blacksmith shall receive an annual compen- 
sation of four hundred and eighty dollars, and if they furnish their shop 
and tools, an additional sum of one hundred and twenty dollars; and 
their assistants shall be allowed an annual compensation of two hundred 
and forty dollars. And. wherever farmers, mechanics, or teachers are 



13 



required by treaty stipulations to be provided, they shall be employed 
under the direction of the War Department, and shall receive an annual 
compensation of not less than four hundred and eighty dollars, nor more 
than six hundred dollars. And in all cases of the appointments of inter- 
preters, or other persons employed for the benefit of the Indians, a pref- 
erence shall be given to persons of Indian descent, if such can be found 
who are properly qualified for the execution of the duties. And where 
any of the tribes are, in the opinion of the Secretary of War, competent 
to direct the employment of their blacksmiths, mechanics, teachers, 
farmers, or other persons engaged for them, the direction of such persons 
may be given to the proper authority of the tribe. 

Sec. 10. And be it farther en>t,cted, That the compensation pre- 
scribed by this act shall be in full of all emoluments or allowances 
whatsoever: Provided, hoioever^ That, where necessary, a reasonable 
allowance or provision maybe made for officers and office contingencies: 
And provided, also, That where persons are required, in the performance 
of the duties under this act, to travel from one place to another, their 
actual expenses, or a reasonable sum in lieu thereof, may be allowed them: 
And provided, also, That no allowance shall be made to any person for 
travel or expenses in coming to the seat of Government to settle his 
account, unless thereto required by the Secretary of War: And provided, 
also, That no person shall hold more than one office at the same time 
under this act, nor shall any agent, sub-agent, interpreter, or person 
employed under this act, receive his salary while absent from his agency 
or employment without leave of the superintendent or Secretary of War, 
provided such absence shall at no time exceed sixty days. 

Sec. 11. And be it further enacted, That the payment of all annu- 
ities, or other sums stipulated by treaty to be made to any Indian tribe, 
shall be made to the chiefs of such tribe, or to such person as said tribe 
shall appoint; or if any tribe shall appropriate their annuities to the pur- 
pose of education, or to any other specific use, then to such person or 
persons as such tribe shall designate. 

Sec. 12. And be it further enacted, That it shall be lawful for the 
President of the United States, at the request of any Indian tribe to 
which any annuity shall be payable in money, to cause the same to be 
paid in goods, purchased as provided in the next section of this act. 

Sec. 13. And be it further enacted, That all .merchandise required 
by any Indian treaty for the Indians, payable after making of such treaty, 
shall be purchased under the direction of the Secretary of War, upon 
proposals to be received, to be based on notices previously to be given ; 
and all merchandise required at the making of any Indian treaty shall be 
purchased under the order of the commissioners, by such person as they 
shall appoint, or by such person as shall be designated by the President 
for that purpose. And all other purchases on account of the Indians, 
and all payments to them of money or goods, shall be made by such 
person as the President shall designate for that purpose. And the super- 
intendent, agent, or sub-agent, together with such military officer as the 
President may direct, shall be present and certify to the delivery of all 
goods and money required to be paid or delivered to the Indians. And 
the duties required, by any section of this act, of military officers shall 



14 



be performed without any other compensation than their actual travel- 
ing expenses ; and all persons whatsoever charged or trusted with the 
disbursement or application of money, goods, or effects of any kind, for 
the beneht of the Indians, shall settle their accounts annually at the War 
Department, on the first clay of October; and copies of the same shall 
be laid annually before Congress, at the commencement of the ensuing 
session, by the proper accounting officers, together with the list of the 
names of all persons to whom money, goods, or effects had been delivered 
within said year, for the benefit of the Indians, specifying the amount 
and object for which it was intended, and showing who are delinquents, 
if any, in forwarding their accounts according to the provisions of this 
act ; and also a list of the names of all persons appointed or employed 
under this act, with the dates of their appointment or employment, and 
the salary an a pay of each. 

Sec. 14. And be it further enacted, That no person employed in the 
Indian Department shall have any interest or. concern in any trade with 
the Indians, except for and on account of the United States ; and any 
person offending herein shall forfeit the sum of five thousand dollars; 
and upon satisfactory information of such offense being laid before the 
President of the United States, it shall become his duty to remove such 
person from the office or situation he may hold. 

Sec. 15. And be it further enacted, That the President shall be, and 
he is hereby, authorized to cause any of the friendly Indians west of the 
Mississippi Piver and north of the boundary of the Western Territory, 
and the region upon Lake Superior and the head of the Mississippi, to 
be furnished with useful domestic animals and implements of husbandry, 
and with goods, as he shall think proper: Provided, that the whole 
amount of such presents shall not exceed the sum of live thousand 
dollars. 

Sec. 16. And be it further enacted, That the President be, and he 
is hereby, authorized to cause such rations as he shall judge proper, and 
as can be spared from the Army provisions, without injury to the service, 
to be issued, under such regulations as he shall think fit to establish, to 
Indians who may visit the military posts or agencies of the United States 
on the frontiers, or in their respective nations, and a special account of 
these issues shall be kept and rendered. 

Sec. IT. And be it f urther enacted, That the President of the United 
States shall be, and he is hereby, authorized to prescribe such rules and 
regulations as he may think fit for carrying into effect the various pro- 
visions of this act, and of any other act relating to Indian affairs, and 
for the settlement of the accounts of the Indian departments. 

Sec. 18. And be it further enacted, That all acts or parts of acts 
contrary to the provisions of this act shall be, and the same are hereby, 
repealed. 

Approved June 30, 183-1. [Stats, at Large, vol. 4, p. 735, &c] 



15 



No. 34. 



REGULATIONS 

Prescribing the mode in which the act of the 9th of July, 1832, pro- 
viding for the appointment of a Commissioner of Indian 
Affairs, shall be executed. 

1. The act of the 9th of July, 1832, entitled "An Act to provide for 
the appointment of a Commissioner of Indian Affairs, and for other pur- 
poses," requiring that the President should prescribe regulations for its 
execution, the duty of carrying it into effect is hereby assigned to the 
Secretary of War, who will immediately revise the existing regulations 
and prescribe a new set, as to the mode in which business shall be done 
by the Commissioner, adapted to the present condition and duties of the 
office. 

2. From the time when such new regulations shall have been pre- 
scribed, those heretofore adopted on this subject shall be, and are hereby, 
rescinded. 

ANDREW JACKSON. 

Washington, November 8, 1836. 



REVISED REGULATIONS. — No. I. 

Concerning the execution of the act of the 9th of July, 1832, providing 
for the appointment of a Commissioner of Indian Affairs. 

1. All business connected with, or arising out of, Indian relations will 
be transacted in the office of Indian Affairs, under the management and 
direction of the Commissioner, appointed under the act of July 9, 1832, 
and that officer will be held responsible for its prompt, faithful, and legal 
execution ; subject, however, in all things to the supervision of the Presi- 
dent and Secretary of War. 

2. The six clerks and messenger heretofore employed in the office, and 
the six clerks and messenger heretofore employed in the office of the 
Commissary-General of Subsistence on business relating to Indian emi- 
gration, are hereby assigned to duty in the office of Indian Affairs. 

3. To each of the clerks the Commissioner will assign such duties as 
the public service may seem to him to render proper. 

4. Such record-books will be kept, and such arrangement of papers, 
books, files, &c, be made, as the Commissioner may deem proper. 

5. The administrative examination of accounts, claims, &c, required 
by law to be had in the office, will be conducted upon the following 
principles : 

First. All claims and accounts for expenditures will be rigidly exam- 
ined, and, when authorized by law, or by the regulations and instruc- 
tions, or when, in the exercise of a sound discretion, the Commissioner 
is of opinion the expenditure or claim is proper and just, they will receive 
his sanction and then be passed to the Second Auditor for settlement. 
When illegal, or contrary to the regulations or instructions, or when, in 



16 



the opinion of the Commissioner, the expenditure or claim is improper 
and unjust, he will withhold his sanction, and state his objection for the 
consideration of the accounting officers. But in all cases of difficulty or 
importance, depending on discretionary authority, the Commissioner will 
take the direction of the Secretary of War. 

Second. The Commissioner will, in all cases, examine the circum- 
stances of each expenditure, and where the amount is not previously 
fixed he will ascertain the reasonableness of the claim, and annex such 
explanatory observations as may the better enable the accounting officers 
to perform their duty. 

Third. Where particular instructions, authorizing the service or ex- 
penditure, have been given, and are necessary to a just decision of the 
matter, the proper extracts therefrom will be transmitted by the Commis- 
sioner with the accounts. 

6. Other regulations will be made, from time to time, should the public 
service demand them. 

B. F. BUTLER, 

Secretary of War ad interim. 
War Department, November 11, 1836. 



REVISED REGULATIONS.— No. II. 

Concerning Superintendents, Agencies, and Sub-agencies. 

(Adopted April 13, 1837.) 
ACTING SUPERINTENDENCY OF MICHIGAN. 

Boundaries. 

1. The acting sup 'rintendency of Michigan will include all the 
Indians in that State, and the tribe of Ottawas at Maumee, in the State 
of Ohio ; and will embrace the following agencies and sub-agencies : 

2. The agency of Michilimackinac, to include all the Indians on the 
peninsula of Michigan, from the mouth of the Thunder-bay River, round 
the shore of the lakes, to the Grand River of Lake Michigan ; on the 
islands in Lakes Huron and Michigan, and Grand Traverse Bay. 

3. The sub-agency of Saginaw, to include all the Indians on the 
peninsula of Michigan not included in the agency of Michilimackinac. 

4. The sub-agency of Sault Ste. Marie, to include the Indians north 
of the agency of Michilimackinac, extending west to the eastern bound- 
ary of Wisconsin Territory. 

Sites. 

5. The acting superindendency of Michigan will be established in the 
winter at Detroit, in the summer at Michilimackinac. 

6. The sub-agency of Saginaw will be at or near that place. 

7. The sub-agency for the Sault Ste. Marie will be at or near Fort 
Brady. 



17 



Interpreters. 

8. For the acting superintendency at Detroit, will be allowed one. 

9. For the agency at Michilimackinac, two. 

10. For the sub-agency at Saginaw, one. 

11. For the sub-agency at Fort Brady, one. 

SUPERINTENDENCY OF WISCONSIN TERRITORY. 

Boundaries. 

12. The superintendency of Wisconsin Territory will include all the 
Indians within the boundaries of that Territory as defined by the act of 
Congress of April 20, 1836, entitled " An Act establishing the Territory 
of Wisconsin," except the Sioux of the Upper Missouri, the Mandans, 
and the tribes and bands north of them on the same river ; and embrace 
the following agencies and sub-agencies : 

13. The agency for the Sacs and Foxes, to include all the Indians of 
these tribes. 

14:. The agency of St. Peter's, to include the various families of the 
Sioux tribe upon the waters of the Mississippi and its tributary streams, 
and upon those of Red River, except the Sioux of Wabisha's band. 

15. The sub-agency of Prairie du Chien, to include the Winnebago 
Indians in the Territory of Wisconsin, and the Sioux of Wabisha's band. 

16. The sub-agency of Green Bay, to include the Menomonee Indians 
and the Indians who have emigrated from New York, in the Territory 
of Wisconsin. 

17. The sub-agency of Lapointe, to include the Chippewa Indians 
west of the eastern boundary of Wisconsin and east of a line drawn 
southeasterly from the southern extremity of the Lake of the Woods to 
the upper lake on Brute River; thence, in a direct line, to Lake FJam- 
beau ; thence, down the channel of the Chippewa River to its junction 
with the Mississippi. 

18. The sub-agency of the Crow-wing River, to include the Chippewas 
in the Territory of Wisconsin residing west of the western boundary of 
Lapointe sub-agency. 

/Sites. 

19. The superintendency of the Territory of Wisconsin will, of course, 
be established at the seat of the government of that Territory. 

20. The agency for the Sacs and Foxes will be at a point selected 
under the direction of the Commissioner of Indian Affairs. 

21. The agency for the St. Peter's will be at or near Fort Snelling. 

22. The sub-agency for Green Bay will, for the present, be at that 
place. 

23. The sub-agency for Prairie du Chien will be at that place. 

24. The sub-agency for Lapointe will be at that place. 

25. The sub-agency for the Crow-wing River will be at a point selected 
under the direction of the Commissioner of Indian Affairs. 



2—1 B 



18 



Interpreters. 

26. For the superintendency of Wisconsin Territory, will be allowed 
one. 

27. For the agency of the Sacs and Foxes, one. 

28. For the agency of St. Peter's, two. 

29. For the sub-agency for the Menonionees, one. 

30. For the sub-agency for the Winnebagoes, one. 

31. For the sub-agency at Lapointe, one. 

32. For the sub-agency of the Crow-wing River, one. 

SDTERLNTENDENCY OF ST. LOUIS. 

Boundaries. 

33. The superintendency at St Louis will include the tribes and bands 
excepted from the saperintendency of Wisconsin in the preceding sec- 
tion, the Ottawas, Chippewas, and Pottawatomies, north, and all the 
other Indians south of the Missouri River and north of the northern line 
of the Osage reservation, and will embrace the following agencies and 
sub-agencies : 

34. The agency of Fort Leavenworth, to include the Delawares, Kan- 
sas, Shawnees, and Kickapoos. 

35. The agency of Council Bluffs, to include the Ottoes and Missourias, 
Omahas and Pawnees. 

36. The agency of the Upper Missouri, to include the Sioux of that 
river, the Chayennes, and Puncahs. 

37. The snb-agency of the Upper Missouri, to include the Mandans, 
Assinaboins, Black Feet Indians, Crows, Rickares, and Gros Yentres. 

38. The sub-agency of Council Bluffs, to include the united nation of 
the Ottawas, Chippewas, and Pottawatomies north of the Missouri. 

39. The sub-agency of the Great Nemaha, to include the Iowas and 
Sacs of Missouri. 

40. The sub-agency of the Osage River, to include the Pottawatomies, 
Ottawas, Peorias and Kaskaskias, Piankeshaws, and Weas. 

Sites. 

41. The superintendency of St. Louis will, of course, be established at 
that place. 

42. The agency of Fort Leavenworth will, for the present, remain at 
the site of the northern agency of the Western Territory. 

43. The agency for Council Bluffs will be at that place. 

44. The agency for the upper Missouri will be at the site of the sub- 
agency for the Sioux of the Missouri. 

45. The sub- agency for the upper Missouri will be at the site of the 
sub-agency for the Mandans. 

46. The sub-agencies for the Great Nemaha and the Osage Rivers 
will be at points selected under the direction of the Commissioner of 
Indian Affairs. 

47. The sub-agency at Council Bluffs will be at that place. 



19 



Interpreters. 

48. For the superintendency of St. Louis, will be allowed one. 

49. For the agency of Council Bluffs, three. 

50. For the agency of Fort Leavenworth, two. 

51. For the agency of the upper Missouri, two. 

52. For the sub-agency of the Great Nemaha, two. 

53. For the sub-agency of the upper Missouri, one. 

54. For the sub-agency of Council Bluffs, one. 

55. For the sub-agency of the Osage River, one. 

ACTING SUPERINTENDENCY OF THE WESTERN TERRITORY. 

Boundaries. 

56. The acting superintendency provided for by the 30th section of 
the act to regulate trade and intercourse with the Indian tribes will be 
denominated the acting superintendency of the Western Territory, and 
will include all the Indians south of the Missouri River and the southern 
line of the St. Louis superintendency, and as far west as the Rocky 
Mountains ; and will embrace the following agencies and sub-agencies : 

57. The agency for the Choctaws, to include all the Indians of that 
tribe. 

58. The agency of the Creeks, to include all the Indians of that tribe 
and the Seminoles. 

59. The agency of the Cherokees, to include all the Indians of that 
tribe w T est of the Mississippi River. 

60. The sub-agency of the Osages, to include all the Indians of that 
tribe. 

61. The sub-agency of the Neosho, to include the Senecas, Senecas 
and Shawnees, and Quapaws. 

Sites. 

62. The acting superintendency of the Western Territory will be es- 
tablished at the site of the agency for the Choctaws. 

63. The agency for the Creeks and Cherokees, and the sub-agency for 
the Osages, will remain at their present positions. 

64. The sub-agency for the Neosho will be at a point selected under 
the direction of the Commissioner of Indian Affairs. 

Interpreters. 

65. For the acting superintendency of the Western Territory, will be 
allowed one. 

66. For the Choctaw agency, one. 

67. For the Cherokee agency, one. 

68. For the Creek agency, one. 

69. For the Osage sub-agency, one. 

70. For the sub-agency of the Neosho, one. 

MISCELLANEOUS. 

Boundaries. 

71. The agency of the Chickasaws to include all the Indians of that 
tribe. 



20 



72. The sub-agency in Ohio to include all the "Wyandotts of that 
State. 

73. The sub-agency in New York to include the Seneca and other 
bands of Indians in that State. 

71. The superintendent of the emigration of the united nation of the 
Ottawas, Chippewas, and Pottawatomies, in the States of Illinois and 
Michigan, will perform the duties of Indian agent for them. 

75. The superintendent of the emigration of the Pottawatomies of 
Indiana will perform the duties of Indian agent for them and for the 
Miamies.. 

76. The superintendent of the emigration of the eastern Cherokees 
will perform the duties of Indian agent for them. 

Sites. 

77. The agency of the Chickasaws will be established at Pontotoc, in 
the State of Mississippi, until they have emigrated ; afterward at a point 
in their new country selected under the direction of the Commissioner 
of Indian Affairs. 

78. The sub-agency in Ohio will be at Upper Sandusky. 

79. The sub-agency in New York will be at Buffalo. 

80. The acting agency for the Pottawatomies, and other tribes in 
Indiana, will be at Logansport. 

81. The acting agency for the united nations of the Ottawas, Chippe- 
was, and Pottawatomies, in Illinois and Michigan, will be at Chicago. 

82. The acting agency for the eastern Cherokees will be at Calhoun, 
Tennessee. 

Interpreters. 

83. For the Chickasaw agency, will be allowed one. 

84. For the sub-agency in Ohio, one. 

85. For the sub-agency in New York, one. 

86. For the acting agents in Indiana, Illinois, and Tennessee, the 
duties of interpreters will be performed by the interpreters employed for 
the removal of the Indians. 

In some of the instances in which more than one interpreter is allowed, 
specific compensation, at less than the maximum rate allowed by law, 
have been granted. These will be regulated by the Commissioner of 
Indian Affairs. 

87. The agent for the Chickasaws, until the removal of that tribe is 
completed, the sub-agents in Ohio and New York, and the acting agents 
at Logansport, Chicago, and Calhoan, will report directly to the Com- 
missioner of Indian Affairs. The other agents and sub-agents will report 
through the superintendent within whose limits they are stationed. 

J. K. POINSETT, 

Secretary of War. 

War Depaktment, April 13, 1837. 



21 



REVISED REGULATIONS. — No. III. 

For carrying into effect the act of June 30, 1834, organizing the De- 
partment of Indian A ffairs. 

[Adopted Jane 1, 1837.] 

GENERAL DUTIES OF SUPERINTENDENTS. 

1. To carry into effect the instructions of the War Department, and 
superintend and control the intercourse between the several tribes, in 
conformity with the provisions of the intercourse act of 1834. 

2. To superintend and control the intercourse between the Indians and 
citizens of the United States, or strangers with passports. 

3. To superintend and control the conduct of the agents and sub- 
agents, to suspend them from office whenever sufficient reasons exist, and 
to communicate the reasons therefor to the War Department. 

4. To exercise a general supervision and control of the accounts of 
agents and sub-agents ; to procure from them estimates of all the sums 
due to the tribes under their charge respectively ; which they will em- 
body in one general estimate, and transmit semi-annually to the Com- 
missioner of Indian Affairs. These estimates w T ill show the amount 
under each head of appropriation. 

GENERAL DUTIES OF AGENTS AND SUB-AGENTS. 

5. To superintend and manage the intercourse of their respective 
tribes with other tribes, and with the citizens of the United States. 

6. To carry into effect the instructions of the War Department, or the 
superintendent of Indian Affairs, and the regulations prescribed by the 
President. 

7. To reside and keep their agencies or sub-agencies within or near 
the tribes committed to their charge, at such points as the War Depart- 
ment shall designate, and not to depart from the limits of their agencies 
or sub-agencies without permission. 

8. Agents will give bonds in the sum of $2,000 ; sub-agents, of $1,000. 
One or more sufficient sureties will be given, and their sufficiency will be 
certified, whenever practicable, by the United States district judge, or 
district attorney ; in other cases by the superintendent of Indian Affairs, 
the military officers in command at the nearest post, or some other person 
known to the Department. The oath of office will be taken before a 
judge or justice of the peace. 

PARTICULAR DUTIES PRESCRIBED IN DIFFERENT SECTIONS OF THIS ACT. 

9. To nominate to the Department suitable persons for teachers, 
blacksmiths, farmers, mechanics, &c, for whose support provision is 
made by treaties ; and, in making the selection, to give a preference to 
persons of Indian descent when any properly qualified can be found. 

10. When these nominations are approved, and before the persons 
appointed enter upon their duties, the agent or sub-agent will bind them 
by contracts to the faithful performance of their duties, for the compen- 



22 



sation fixed by law or allowed by the Department. These contracts 
will be filed with the military officer before any payments are made by 
him for services, and will be transmitted with his accounts. If the com- 
pensation be fixed by law, reference will be made in the contract to the 
act and section ; if by the Department, to the letter making the allow- 
ance. 

11. Where the sites of the smith's shops, schools, or farms are not 
designated in treaties, the agent or sub-agent will recommend suitable 
positions for the consideration of the Department. 

12. The agent or sub-agent will prepare and transmit annual state- 
ments, exhibiting the manner in which the farmers, mechanics, and others 
have been employed during the year ; the quantity of agricultural imple- 
ments, or other articles delivered to them, and by them to the Indians ; 
the number of farms or acres cultivated, the kind of cultivation, and the 
amount and disposition of the produce ; the number of Indians instructed 
in agriculture or mechanical arts, distinguishing minors from adults. 

13. The agent or sub-agent will prepare and transmit to the superin- 
tendent a statement of the number of each tribe under his charge, distin- 
guishing those employed in the chase, agricultural, or mechanical pur- 
suits ; a map, showing the location of each band or tribe, the sites of the 
several public buildings ; and he will designate the post-office to which 

v letters should be addressed. Whenever teachers are employed, they, 
also, will be required to furnish these statistical returns, and other state- 
ments illustrative of the physical aspect of the country, its mineral re- 
sources and water privileges, and other matters a knowledge of which 
will be useful to the Department and satisfactory to the people. These 
statistical exhibits will be consolidated by the superintendent, so as to 
present at one view the condition of the district and tribes assigned to 
him. 

14. The agent or sub-agent will annually prepare lists of all persons 
connected with the Indian Department in his agency or sub-agency. 
These will show the names of these persons, distinguishing the natives, 
where any are employed ; the dates of their appointments ; their com- 
pensations ; and the article of the treaties, or the section of the law, by 
virtue of which they were appointed. To these lists will be appended 
certificates that none of the persons have any interest or concern in the 
trade with the Indians, except for, and on account of, the United States. 

15. Furloughs can be granted by the superintendent, and on appeal 
may be obtained from the War Department ; but in no case for a longer 
period than sixty days ; and if the absence, even with permission, exceeds 
that period, the salary will not be paid during such absence. The super- 
intendents will make special reports of all furloughs granted by them, 
and the time for which the persons to whom they were granted were 
respectively absent, and the amount, if any, to be deducted from the sal- 
aries. In the cases in which agents perform the duties of acting super- 
intendents, applications for furloughs will be made by them to the War 
Department. 

16. Other duties of agents and sub-agents are prescribed in subsequent 
paragraphs of these regulations. Additional ones will be pointed out in 
those concerning trade and intercourse. 



23 



17. The agent or sub-agent will deliver to the smiths, millers, or 
farmers, the implements, iron, steel, coal, and other articles procured by 
the military officer under treaty stipulations, appropriately coming under 
their charge, taking from them duplicate receipts. He will exercise a 
vigilant supervision over them, and see that their services, and all the 
articles furnished them, are applied for the exclusive benefit of the 
Indians. 

18. The agent or sub-agent will visit the schools in his agency or sub- 
agency at least once in each year, and make a careful inspection of the 
buildings, the accounts, the clothing, and food of the children. He will 
prepare complete reports, exhibiting the results of this inspection, with 
the number of teachers and pupils, distinguishing males from females; 
the studies of each class, the general system of education, the capacity 
and progress of each scholar ; and such suggestions as occur to him for 
the improvement of these establishments. He will also report the con- 
dition of schools, if any, not supported in whole or in part by the United 
States, or from funds provided in Indian treaties. He will also pro- 
cure and transmit reports from the principals of all the schools, prepared 
in conformity with these regulations, and others heretofore issued. 
When buildings for schools are erected by sQcieties, with the sanction of 
this Department, and application is made for an allowance of part of their 
cost, the agent or sub-agent will inspect them and forward a description of 
them, with an expression of his opinion of the sum that, under all the 
circumstances of the case, should be' paid to the society erecting them. 
He will keep himself acquainted with the character and conduct of the 
teachers, and all persons acting under them, and report any impropriety 
for the consideration of the Department. 

19. All the accounts, reports, statements, exhibits, returns, and esti- 
mates required by these regulations, of superintendents, agents, sub- 
agents, or teachers, will be forwarded in season to reach the Department 
of War by the 1st day of October in each year. If they arrive later 
than this, they will be of little use in preparing the annual communica- 
tion required to be made to Congress ; the Department is charged with 
neglect, and the country is kept in ignorance. Disregard of these regu- 
lations will be considered just cause for censure, and, if persisted in, 
for removal from office. A failure on the part of teachers to transmit 
the statements required of them will induce the withholding of the 
pecuniary allowances made for the societies and schools with which they 
are connected. 

DUTIES OF INTERPRETERS. 

20. Interpreters will be nominated to the War Department by the 
proper agents or sub-agents, and may be suspended by them from their 
pay and duties. 

21. Where an agency includes but one friba, but one interpreter will 
be appointed. 

22. Where one agency includes different tribes, speaking different 
languages, and additional interpreters are considered necessary, the cir- 
cumstances will be reported for the determination of the Department of 
War. 



24 



23. Interpreters will perform any service that may be required of them 
by the proper superintendent, agent, or sub-agent, and the latter will 
place them, whenever circumstances require it, under the direction of 
commissioners, or other special agents, acting under the authority of the 
United States. 

24. Teachers, farmers, mechanics, and other persons employed by 
virtue of treaty stipulations, will be nominated by the proper agent or 
sub-agent, or appointed by the War Department. 

25. They will be under the supervision and control of the proper agent 
or sub-agent, and comply with instructions they may receive from him, 
the superintendent of Indian affairs, or the War Department. 

MILITARY DISBURSING OFFICERS AND THEIR DUTIES. 

26. Three officers of the Army having been assigned to duty in the 
Indian Department, and stationed at Detroit, St. Louis, and Little Rock, 
respectively, each of these will be styled the principal military dis- 
bursing officer of the district. The district of Detroit will include the 
acting superintendency of Michigan, the Indian tribes in New York, 
Ohio, Indiana, and Illinois, the Menomonees, the New York Indians near 
Green Bay, and the Chippewas of the Lapointe sub-agency. The district 
of St. Louis will include the Indian tribes in the superintendency of the 
same name, the Chippewas attached to the sub-agency of the Crow-wing 
River, the Sioux, the Sacs, the Foxes, the Winnebagoes, and the Osages ; 
the latter for the investment of their annuities in goods only. The district 
of Little Rock will include the Indian tribes in the acting superintendency 
of the Western Territory, excepting the investment of the annuities for 
the Osages, in goods. 

27. As a general rule, all funds required for disbursement in their 
respective districts will be sent to these officers. Deviations from this 
rule may be made with the sanction of the Commissioner of Indian 
Affairs, as in the case of the employment of commissioners or special 
agents, and of remote agencies and sub-agencies. Payments will be 
made by these officers, the assistant-quartermasters, and assistant-com- 
missaries of subsistence, at the different military posts, and by officers 
on duty in the Indian Department in any other branch of its service, 
when thereto required by the Commissioner of Indian Affairs. Funds 
will be remitted, in the first instance, to the principal military disburs- 
ing officer of the district, and be by him turned over to the officer or 
agent designated to make the disbursements. The duties of military 
officers in the payment of annuities are prescribed with great particu- 
larity in these regulations. Other disbursements, for services rendered 
or purchases made, will generally be made by them, in the first case, on 
the requisition of the superintendent, agent, or sub-agent ; and in the 
second, on the requisition of the person authorized to purchase. If an 
erroneous requisition be made, the amount will be accredited to the dis- 
bursing officer, and the person drawing the requisition be held account- 
able for the amount, provided the sum does not exceed that placed in 
his hands for the purpose. The law requires that " all persons whatso- 
ever, charged with the disbursement or application of money, goods, or 



25 



effects of any kind, for the benefit of the Indians, shall settle their 
accounts annually, at the War Department, on the first day of October, 
and copies of the same shall be laid before Congress, annually, at the 
commencement of the next session thereafter." All persons, therefore, 
coming within the purview of this provision, will transmit their accounts 
in time to reach the War Department by the day named. 

28. The salaries of all persons employed in the Indian Department are 
payable quarterly. 

29. The words "actual traveling expenses," and "traveling expenses," 
used in the 10th and 13th sections of the law, are construed to embrace 
all necessary expenses while absent on the business, such as stage-fare, 
steamboat-fare, horse-hire, ferriages, subsistence by the way, and such 
other reasonable charges as travelers are subject to, over and above what 
they would expend if stationary. 

PAYMENT OF ANNUITIES. 

30. The 11th section of this act permits any tribe to appropriate their 
annuities to the purposes of education, or to any other specific use. 
But the exercise of this privilege is dependent on the discretion of the 
Executive, and no appropriation of any part of their annuities can be 
made by a tribe under this section, without the express sanction of the 
Department of War. 

31. This section also provides that all annuities or other sums stipu- 
lated to be paid to any Indian tribe shall be paid to the chiefs of such 
tribes, or to such persons as the tribe may designate. The person to 
whom payment is made under this provision must be of Indian descent, 
or a recognized member of the tribe ; and no payments will be made of 
any portion of the annuities to any other person, except claimants for 
depredations under the 17th section of the intercourse act of 1834:. 

32. The preliminary arrangement for the payment of annuities or other 
sums will be made by the proper superintendent, agent, or sub- agent, 
and the payment will be made by the person designated by the Com- 
missioner of Indian Affairs. 

33. The military officer so assigned will notify the superintendent, 
agent, or sub-agent when the funds are received by him ; and they will 
then, upon mutual consultation, determine the time and place at which 
the payment shall be made, fixing the latter in the Indian country, if 
possible, that the provisions of the intercourse law may be applied, if 
necessary. 

34. The proper superintendent, agent, or sub-agent will convene the 
Indians at the time fixed upon. 

35. The provisions that will be necessary will be procured by the agent 
from the commissariat, when convenient, or upon contracts based upon 
proposals made on notices previously given of not" less than ten days ; 
the contract will be handed by him to the disbursing officer, who will 
forward it with his accounts. 

36. The ration will consist of one pound of fresh beef, or three-fourths 
of a pound of salt meat, three-fourths of a quart of corn, or corn meal,, 
or one pound of wheat flour to each person, and of four quarts of salt 
for every one hundred persons. 



26 

Provisions to be issued at the payment of annuities may be purchased. 

37. For the sub-agency in New York, to the amount of two hundred 
and fifty dollars. 

38. For the sub-agency in Ohio, to the amount of one hundred and 
fifty dollars. 

39. For the acting agency in Indiana, to the amount of six hundred 
dollars. 

40. For the acting agency in Illinois, to the amount of four hundred 
dollars. 

41. For the sub-agency of Saginaw, to the amount of two hundred 
dollars. 

42. For the agency of Michilimackinac, to the amount of three hun- 
dred dollars. 

43. For the sub-agency of Green Bay, to the amount of four hundred 
dollars. 

44. For the sub-agency of Prairie du Chien, to the amount of four 
hundred dollars. 

45. For the agency of St. Peter's, to the amount of four hundred dol- 
lars. 

46. For the agency of the Sacs and Foxes, to the amount of three 
hundred dollars. 

47. For the agency of the upper Missouri, to the amount of three 
hundred dollars. 

48. For the agency of Council Bluffs, to the amount of two hundred 
dollars. 

49. For the agency of Fort Leavenworth, to the amount of four hun- 
dred dollars. 

50. For the sub-agency of Council Bluffs, to the amount of one hun- 
and fifty dollars. 

51. For the sub-agency of the Great Nemeha, to the amount of two 
hundred dollars. 

52. For the sub-agency of the Osage River, to the amount of two hun- 
dred dollars. 

53. For the agency for the Choctaws, to the amount of six hundred 
dollars. 

54. For the agency for the Creeks, to the amount of six hundred dol- 
lars. 

55. For the agency for the western Cherokees, to the amount of three 
hundred dollars. 

56. For the sub-agency for the Osages, to the amount of one hundred 
and fifty dollars. 

57. For the sub-agency for the Neosho, to the amount of two hundred 
dollars. 

58. When provisions are drawn from the commissariats the ration 
will be estimated at ten cents, and the number of rations drawn will not 
exceed that which could be purchased at that rate with the sums allowed. 

59. The Commissioner of Indian Affairs will vary these allowances 
whenever the information received by him renders it proper. The 
Department relies upon the various officers in reducing them to as low 
an amount as may be compatible with the public service. 



27 



60. The provisions will be issued under the direction of the superin- 
tendent, agent, or sub-agent, and proper abstracts of purchases and 
issues will be prepared by him, and forwarded with the account of the 
military officer. 

61. As a general rule, provisions will be issued for not exceeding three 
days; exceptions to this may be authorized by the Commissioner of 
Indian Affairs. 

62. When the Indians are assembled, the superintendent, agent, or 
sub-agent will inquire of them to whom the payment shall be made; 
and he will make his requisition upon the military officer to make the 
payment in the manner a majority of the Indians present may designate. 

63. If the payment be made to the chiefs, duplicate receipts will be 
taken. These will be certified by the agent, military officer, and inter- 
preter, and one of them will be forwarded with the account. 

64:. If the payment be made to heads of families, it will be done on 
pay-rolls, showing the name of each Indian, the number of persons in his 
family, and the amount due to him. Receipts will be taken in this case, 
certified, and disposed of in the same manner as the receipts of the 
chiefs. 

65. If a claim for depredations has been paid during the year, or has 
been ordered to be paid, the superintendent, agent, or sub-agent will 
give full explanations to the Indians ; and, in the latter case, will, before 
the annuity is paid to the Indians, make his requisition on the military 
officer to deduct the amount. 

66. Before the Indians are dismissed, the superintendent, agent, or sub- 
agent will inquire if they wish their annuities to be paid in goods or 
money the next year. Their answer will be reduced to writing, certified 
by him, the military officer, and the interpreter, and transmitted to the 
Commissioner of Indian Affairs. 

PURCHASE OF GOODS FOE INDIANS. 

67. The 12th section o*f this act authorizes the payment of annuities 
in goods, at the request of any Indian tribe. 

68. The 13th section prescribes the mode in which the goods, so * 
required, and all merchandise stipulated in any treaty to be furnished 
the Indians, shall be purchased. 

1. — Purchase of goods with annuities. 

69. When a tribe are to receive their annuities in goods, the agent will 
prepare an invoice of the articles proper to be procured, and submit it 
to the Indians. If they desire any change to be made in it, and the desire 
is reasonable, he will comply with it. But he will be careful to keep 
within the quantity that can probably be procured with the annuities. 
This invoice will be certified by him, the military officer, and the inter- 
preter. One copy will be sent to the principal disbursing officer of the 
district, another to the Commissioner of Indian Affairs. Notices will be 
issued, under the direction' of the Commissioner of Indian Affairs, in no 
instance of less than ten days, and, when practicable, of sixty days. 
These notices will contain the articles enumerated in the invoices, and 



28 



others, if it be necessary to increase the quantity, and invite proposals 
for contracts to deliver them at times and places to be designated by the 
Commissioner, upon such conditions and under such securities and 
restrictions as he may prescribe. 

TO. Goods thus purchased will be delivered by the military officer to 
the Indians in the presence of the agent, and receipts taken, witnessed, 
and disposed of in the same manner as receipts taken for the annuities 
when paid in money. A majority of the Indians present will determine 
to whom the goods shall be delivered. 

2. — Merchandise required to be furnished by treaty stipulations. 

71. The word "merchandise" will be construed to include every article 
stipulated to be furnished to Indians after the ratification of a treaty. 
The superintendent will require the agent or sub-agent of the tribe to 
transmit to him a list showing the quantities, kind, and quality of each 
article, and' indicating the place and time at which they should be deliv- 
ered. The superintendent will hand this to the principal military dis- 
bursing officers, and, after mutual consultation, the latter will invite pro- 
posals for contracts, to deliver them at the place and time indicated. 
Copies of the advertisements in this case, and all others for the Indian 
Department, will be forwarded to the office of Indian Affairs. The pro- 
ceedings of the agent or sub-agent will, of course, be subject to the 
revision of the superintendent, 

72. So much of the 13th section as relates to the purchase of mer- 
chandise required at the making of a treaty will be noticed under the 
head of negotiations with Indian tribes. 

73. All contracts will be opened on a day fixed in the advertisements, 
and preference given with reference to the price, quality, quantity, and 
security offered. 

NEGOTIATIONS WITH INDIAN TRIBES. 

Duties of the commissioners. 

74:. To determine the time and place at which the Indians shall be 
convened in council, which, whenever practicable, will be in the Indian 
country, where the intercourse law can be enforced. 

75. To select the persons whose services may be necessary as commis- 
saries, interpreters, messengers, and expresses, and in the baking and 
issuing department. 

76. To direct the manner in which the buildings for themselves and 
the council shall be built ; the quantity of provisions that shall be pur- 
chased, and the mode in which they shall be purchased ; and the amount 
of presents that shall be procured and delivered to the Indians. 

77. To prescribe rules, in conformity with the intercourse law for the 
conduct of the traders, and regulations for the government of the agent, 
interpreters, and all others in the execution of the duties hereinafter 
assigned to them. 

78. To' superintend the disbursement of, and account for, the funds 
appropriated for the expenses of holding the treaty, and which will be 



29 



procured under the direction of the Commissioner of Indian Affairs. To 
certify the accounts of all persons employed by them. 

Duties of the secretary. 

79 Under the direction of the commissioners, to keep a full record of 
all the proceedings, from the commencement to the close of the negotia- 
tion; of the speeches of the commissioners and Indians, and of all prop- 
ositions for the treaty; showing by which party it was made, the rea- 
sons assigned for and against it, and its final disposition. 

80. To keep, in regular files, all claims presented by white persons 
or Indians, and the evidence connected with them, and to note upon 
each the action of the commissioner upon it. 

81. To keep in regular files all the accounts of the commissioner, 
and to prepare the usual abstracts, accounts-current, and vouchers, for 
transmission to the office of Indian Affairs. 

Duties of the agent or sub-agent of the tribe. 

82. To convene the Indians at the time and place appointed by the 
commissioners. 

83. To superintend the erection of buildings. 

84. To procure the necessary presents and provisions. 

85. To superintend the issues of presents, provisions, and merchan- 
dise, and render to the commissioners abstracts of purchases and issues. 

86. To carry into effect, under the authority given them in the inter- 
course law, any instructions of the commissioners to enforce the rules 
prescribed by them for the conduct of the traders, and to maintain the 
regulations for the government of persons employed at the treaty. 

87. To perform any services properly required of them by the com- 
missioners. 

Duties of commissaries. 

88. To receive and keep safely the presents, provisions, and merchan- 
dise, and issue them under the superintendence of the agent or sub- 
agent. 

89. To employ and direct the persons required in the baking depart- 
ment to supply the public table, under the direction of the agent or sub- 
agent, or commissioners, and to render their accounts to the latter. 

PROVISIONS FOE. INDIANS. 

90. In addition to the provisions authorized to be procured for Indians 
assembled to receive annuities, the 16 th section of this act authorizes 
the President to cause such rations as he shall judge proper, and as can 
be spared from the Army provisions without injury to the service, to be 
issued to the Indians who may visit the military posts or agencies of the 
United States on the frontiers, or in their respective nations ; and pre- 
scribes that a special account of such issues shall be kept and rendered. 

91. The quantity of provisions authorized to be procured at the pay- 
ment of annuities is stated in paragraphs from 37 to 57. The quantity 



30 



that may be procured under the 16th section of the act just quoted 
herein will be as follows: 

92. For the sub-agency in New York, to the amount of twenty -fire 
dollars. 

93. For the sub-agency in Ohio, twenty-five dollars. 

94. For the acting super intendency in Michigan, to the amount of fifty 
dollars. 

95. For the sub-agency of Saginaw, to the amount of twenty-five 
dollars. 

96. For the acting agency to Indiana, to the amount of fifty dollars. 

97. For the agency of Michilimackinac, to the amount of one hundred 
dollars. 

98. For the sub-agency of the Sault'Ste. Marie, to the amount of fifty 
dollars. 

99. For the sub-agency of Prairie du Chien, to the amount of one 
hundred and fifty dollars. 

100. For the sub-agency of Green Bay, to the amount of fifty dollars. 

101. For the sub-agency of Lapointe, to the amount of two hundred 
dollars. 

102. For the sub-agency of Crow-wing River, to the amount of two 
hundred dollars. 

103. For the superintendency of Wisconsin, to the amount of two 
hundred dollars. 

104. For the agency for the Sacs and Foxes, to the amount of one 
hundred dollars. 

105. For the agency of St. Peter's, to the amount of two hundred 
dollars. 

106. For the superintendency of St. Louis, to the amount of two 
hundred dollars. 

107. For the agency of Fort Leavenworth, to the amount of fifty 
dollars. 

108. For the agency of Council Bluffs, to the amount of one hundred 
dollars. 

109. For the agency of the upper Missouri, to the amount of four 
hundred dollars. 

110. For the sub-agency of the upper Missouri, to the amount of six 
hundred dollars. 

111. For the sub-agency of the Great Nemaha Biver, to the amount 
of fifty dollars. 

112. For the sub-agency of the Osage Biver, to the amount of one 
hundred dollars. 

113. For the acting superintendency of the Western Territory, its 
agencies and sub-agencies, to the amount of six hundred dollars. 

'114. If provisions are drawn from the commissariats, the ration will 
be valued at ten cents ; and no greater number of rations will be drawn 
than could be purchased, at that rate, with the sums allowed. 

115. As these allowances, together with those for the payment of 
annuities, trench very closely on the appropriation, they will in no 
event be exceeded without the express sanction of the War Department. 
This rule must not be disregarded from any considerations of expediency. 



31 



116. The visits of Indians to the superintendencies, agencies, and sub- 
agencies, except on actual business, will be at all times discouraged. 

117. Where tribes enjoy liberal benefits by virtue of treaty stipula- 
tions, especially where they have agricultural implements, and assistance, 
and stock, they must be induced to provide for themselves, and not to 
expect aid from the Government from this appropriation. 

118. Regular abstracts for receipts and issue of provisions will be 
kept by the person procuring and delivering them, and handed to the 
military disbursing officer, to be forwarded with the accounts. 

PRESENTS TO INDIANS. 

119. The fifteenth section of this act restricts the distribution of 
presents to the friendly tribes west of the Mississippi River and north 
of the boundary of the Western Territory, and the region upon Lake 
Superior and the head of the Mississippi. The northern boundary 
of the Western Territory was described in a bill providing for the 
organization of such a Territory, which was submitted to Congress 
simultaneously with this act, and the act regulating trade and inter- 
course with the Indian tribes, in 1834, but which did not become a 
law. As therein described, it was the south banks of the Missouri and 
Platte Rivers. The tribes south of that line cannot, of course, receive 
presents. 

"J 20. The agents of the tribes to whom presents are to be given will 
transmit to the superintendent annual statements, showing the domestic 
animals and implements of husbandry, and goods suitable for the Indians ; 
and these will be purchased in the manner merchandise furnished under 
treaty stipulations is hereinbefore directed to be procured. 

PROPEL TY. 

121. There will be property returns under two separate heads, one to 
embrace all articles procured for delivery to the Indians under treaty 
stipulations, and one to embrace all other descriptions of property in 
the keeping of superintendents, agents, and sub-agents. 

122. The returns under the first head to be prepared and forwarded 
quarterly, showing the date, from whom purchased, or by whom trans- 
ferred ; a detailed list of the articles, with their quantity, arranged under 
appropriate heads, embracing all articles intended for distribution among 
the Indians. 

123. The returns under the second head to be prepared immediately, 
and hereafter to be prepared and forwarded annually. These will exhibit, 
under appropriate heads, a brief description of agency -houses, and other 
buildings occupied by the agents or other persons in the public employ- 
ment, when authorized by law or sanctioned by the Department, with 
their furniture, &c, cost, or present value, and locations, Indian school- 
houses, farms, farming utensils and stock, blacksmiths' and other mechanic 
shops, &c. 



32 



ACCOUNTS AND ACCOUNTABILITY. 

124:. To insure a more perfect and uniform accountability in the dis- 
bursement of money appropriated for the Indian Department, and to 
indicate a plan for keeping, stating, and rendering accounts for settle- 
ment, the Commissioner of Indian Affairs will prepare and annex to these 
regulations such forms as he may think necessary. 

OFFICIAL LETTEKS. 

125. The superintendents, principal disbursing agents, and such agents 
and sub-agents as correspond directly with the War Department, will 
furnish, monthly, a statement showing the date, contents, &c, of each 
letter received from the Department, together with the date and a brief 
of the answer. 

126. All communications on Indian affairs must be directed to the 
Commissioner of Indian Affairs. 

J. K. POINSETT, 

Secretary of War. 

War Department, June 1, 1837. 



LIST OF FORMS 

REFERRED TO IN THE PRECEDING- REGULATIONS. 

To he used in preparing and rendering accounts for disbursements^ and 
other statements required of the agents. 

1. Toucher. 

2. Abstract for disbursements for current expenses. 

3. Abstract for disbursements for treaty stipulations. 

4. Account-current. 

5. Receipt-roll for paying Indian annuities to heads of families. 

6. Abstract of articles purchased for Indians. 

7. Abstract of articles delivered to Indians. 

8. Return of property received and issued to Indians. 

9. Return of property in charge of agents. 

10. General annual abstract of disbursements. 

11. Statement of persons employed. 

12. Monthly statements of letters received. 

These forms are given merely as examples, and are applicable to special 
cases only. The other returns, statements, &c, required by these regu- 
lations, may be made in the forms analogous to these. 

C. A. HARRIS, 
Commissioner Indian Affairs. 
Office Indian Affairs, June 1, 1837. 



33 




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KEVISED KEGULATIONS.— No. IV. 

Concerning trade and intercourse with Indian tribes. 

I. LICENSE TO TRADE WITH THE INDIANS. 

1. Applications for licenses to trade with the Indians will be made to 
either the superintendent of Indian affairs, the Indian agent, or sub- 
agent. 

2. No license to trade with the tribes east of the Mississippi will be 
granted for a term exceeding two years, nor with the tribes west of that 
river for a term exceeding three years. 

3. Suitable and convenient places, at which the trade shall be carried 
on, will be designated by the person granting the license, and inserted 
in it. 

4. No license will be granted to a person of bad character, or to one 
whom it would be improper to permit to reside in the Indian country, or 
to one whose prior license had been revoked. 

5. Applicants for licenses will give bond in a penal sum not exceeding 
$5,000, with one or more sureties, to be approved by the person granting 
it, and conditioned that the applicant will faithfully observe the laws and 
regulations made for the government of trade and intercourse with the 
Indian tribes, and in no respect to violate the same. 

6. Any license may be revoked whenever, in the . opinion of the per- 
son granting it, the laws or regulations have been transgressed by the 
person holding it, or it would be improper to permit him to remain in 
the Indian country. 

7. No license will be granted to trade, nor will any trade be permitted, 
with any tribe, intercourse with whom shall have been prohibited by 
the President. 

8. No license to trade will be granted to any persons except citizens 
of the United States. 

9. A license to trade will not authorize the introduction or sale of 
any spirituous liquor or wine into the Indian country, except such sup- 
plies as shall be necessary for the officers of the United States and 
troops of the service, nor the setting up or continuing of a distillery 
therein. 

10. The right of appeal to the War Department will be reserved to 
any person whose application for a license has been refused, or whose 
license has been revoked. 

11. Persons granting, refusing, or revoking licenses, will report their 
proceedings forthwith to the War Department for approval or dis- 
approval. 

12. These reports will exhibit the dates of the license, the names of 
the persons to whom issued, and of their sureties, the terms of each, 
the amount of the bonds, and of the capital employed, and the district 
of country for which granted. They will be accompanied by a certifi- 
cate that the persons to whom the licenses have been issued are citizens 
of the United States ; and they will show the applications for licenses 
that have been refused, and the licenses revoked, with the reasons for 



46 



refusing or revoking. They will also show the number of foreign boat- 
men and interpreters employed under the special provision of the 5th 
section of this act. 

13. All merchandise offered for sale to the Indians, or found in the 
possession of a white person in the Indian country without a license, 
will be forfeited, and they will be secured by the proper superintendent, 
agent, or sub-agent, by whom legal proceedings to recover the penalty 
imposed in the 4th section will be instituted and prosecuted in the man- 
ner prescribed in the 28th section of this act. 

H. PASSPOETS TO FOEEIGNEES. 

14. Passports will be granted by either the War Department, the 
superintendent, agent, sub-agent, or officer in command at the nearest 
military post. 

15. They will express the objects of the persons to whom granted, the 
time they will be allowed to remain, and the routes they are to travel. 

16. Foreigners found in the Indian country without passports, or 
remaining therein, intentionally, after the expiration of their passports, 
will be removed by the proper superintendent, agent, or officer, who 
will call to his aid military force when necessary, and institute legal pro- 
ceedings to recover the penalty imposed in the 6th section in the man- 
ner prescribed in the 27th section. 

III. UNTEECOUESE WITH THE INDIANS. 

17. No barter or trade with, or receiving as a pledge from, Indians 
for or of a gun, trap, or other articles commonly used in hunting, any 
instrument of farming, cooking-utensil, or article of clothing, except 
skins and furs, will be permitted. 

18. No person will be permitted, without the consent of the Indians, 
to drive or otherwise convey any stock of horses, mules, or cattle to 
range or feed on any lands belonging to Indians. 

19. No person will be permitted to settle on any lands belonging, 
secured, or granted to Indians ; to attempt the survey of such lands or 
designate any of the boundaries thereof, by marking trees or otherwise. 

20. No person, not acting under the authority of the United States, 
or as the agent of a State to the extent pointed out in the proviso to 
the 12 th section of this act, will be permitted to hold any treaty with 
Indians for the purchase, grant, lease, or other conveyance of lands, or 
of any title or claim thereto. 

21. No citizen, or other person residing in the United States, will be 
permitted to hold any communication with Indians, for himself or for 
others, with an intent to disturb the execution of any treaty or measure 
proposed by the Government, the peace of the United States, or to 
injure its interests. 

22. The proper superintendent, agent, or sub-agent will remove per- 
sons violating either of the preceding regulations, in the manner pre- 
scribed in the 23d section ; and institute legal proceedings to recover 
the penalties imposed in the 7th, 8th, 9th, 11th, 12th, 13th, and 14th 
sections, in the manner prescribed in the 27th section of this act, and. 
make full reports of all cases of violations to the War Department. 



47 



IV. INJUEIE8 OF WHITES TO THE PROPERTY OR PERSONS OF INDIANS. 

23. To bring the crime, offense, or misdemeanor within the purview 
of the law, it must be committed in the Indian country, and on the 
property or person of a friendly Indian. 

24. Whenever the right of property is involved, the burden of proof 
shall rest with the white person whenever the Indian shall make out a 
presumption of title in himself. 

25. Legal proceedings will be instituted in the manner pointed out 
in the 27th section. 

26. Upon conviction being had for an injury to property, the party 
offending shall pay to the Indian owner twice the value of the property 
taken, injured, or destroyed ; if he is unable, the United States shall pay 
to the Indian the full value ; and the same amount if the offender cannot 
be apprehended and tried. 

27. Upon conviction being had for an injury to the person of an 
Indian, the offender shall be sentenced according to the laws of the 
United States, which, by the 25th section, are extended to the Indian 
country. 

28. The United States will not remunerate the Indian in the manner 
above indicated if he, or any of the nation to which he belongs, shall 
have sought private revenge, or attempted to obtain satisfaction by force 
or violence ; nor shall the offender, in that event, be liable to the pro- 
visions of the 25th section. 

V. DEPREDATIONS OF INDIANS ON THE PROPERTY OF WHITE PERSONS. 

29. It must be Shown either that the property has been taken by 
force or with intent to steal, or that it has been maliciously destroyed, 
and that the person to whom it belonged was lawfully within the Indian 
country ; that is, with a license to trade, a passport, or the permission 
of the proper Indian authorities. 

30. Application for remuneration must be made by the owner, his 
representative, attorney, or agent, to the proper superintendent, agent, 
or sub-agent, within three years after the commission of the injury. 

31. The necessary documents and proofs must accompany the appli- 
cation. 

32. Oaths may be administered and depositions taken by the proper 
superintendent, agent, or sub -agent. Whenever the Indian can make 
out a presumption of title in himself, from the fact of previous possession 
or ownership, the burden of proof will rest on the white person. 

33. The application, documents, and proof must then be transmitted 
by the superintendent, agent, or sub-agent, to the War Department, for 
the direction of the President. 

34. Whenever directed by him, a demand will be made by the super- 
intendent, agent, or sub-agent, upon the nation or tribe to which the 
Indian or Indians committing the injury belonged for satisfaction. 

35. From the making of such demand of satisfaction the "reasonable 
time," not exceeding twelve months, will be computed. 



48 



36. If within that time the Indian nation or tribe shall refuse or 
neglect to make satisfaction, the superintendent, agent, or sub-agent 
win make return of his doings to the War Department, accompanied 
by the papers connected with the case, that such further steps may be 
taken as shall be proper, in the opinion of the President, to obtain satis- 
faction for the injury. 

37. Every person making application to the agent for indemnification 
for injuries committed by Indians upon his property will be required 
to make affidavit that neither himself, his representative, attorney, nor 
agent has violated the provisions of this law by seeking or attempting 
to obtain private satisfaction or revenge, Evidence of such " seeking or 
attempting," if communicated to the superintendent, agent, or sub-agent, 
will make a part of the return of his doings hereinbefore required. 

38. When, by the direction of the President, claims for indemnifica- 
tion, presented and acted upon in the manner herein prescribed, are 
paid out of the annuities of the Indian nation or tribe, triplicate 
receipts will be taken from the person receiving such payment express- 
ing the nature and circumstances thereof. One of these receipts will be 
kept by the superintendent, agent, or sub-agent; one delivered to the 
proper authorities of the tribe; one transmitted to the War Department 
as a voucher belonging to the abstract of the payment of the annuities. 

VI. INTRODUCTION, SALE, OR MANUFACTURE OF SPIRITUOUS LIQUORS OR WINE. 

39. The sale, exchange, gift, barter, or other disposition of spirituous 
liquor or wine must be to an Indian, and in the Indian country, to bring 
it within the purview of the law. 

40. The suspicion that a person is about to introduce, or has intro- 
duced, spirituous liquors or wine, must be a reasonable suspicion. 

41. The search for spirituous liquors or wine will be made by the 
superintendent, agent, sub-agent, or military officer, who will seize them 
when found, and proceed against them, by libel in the proper court, or 
destroy them. 

42. Military force may be employed to apprehend persons violating 
these regulations, and to make the search above prescribed; but no 
person so apprehended shall be detained longer than five days, and he 
shall be treated with all the humanity circumstances will permit. 

43. The proper superintendent, agent, or sub -agent will forthwith 
destroy and break up any distillery for manufacturing ardent spirit 
within his district, and, if necessary, he will apply for military aid. 
Legal proceedings to recover the penalty prescribed in the 20th and 
21st sections will be instituted by him in the manner pointed out in the 
27th section of this act. 

44. The persons making seizures will report to the War Department 
every case, stating the kinds, quantities, and values of the liquors or 
wines seized, the dates of the seizures, the persons by whom and from 
whom taken, the places of deposit, the legal proceedings in relation to 
them, the expense thereof, the decision of the court, and the ultimate 
disposition of the articles. 

45. The military officer commanding the district or the nearest mili- 
tary post will comply with the requisitions of the superintendent, agent, 



49 



or sub-agent for aid to enable them to carry into effect these regulations, 
in the cases indicated herein, and in the 23d section of the act to regulate 
trade and intercourse, of June 30, 1834:. 

J. E. POINSETT, 

Secretary of War. 

War Department, June 18, 1837. 



KE VISED REGULATIONS.— No. Y. 

Concerning the emigration of Indians. 

The removal and subsistence of Indians have been committed to the 
Commissioner of Indian Affairs, and the following regulations or con- 
ducting that service, and for the accountability therein, are adopted, by 
which all officers and agents will be governed, and to which they will, 
strictly conform: 

OFFICERS AND AGENTS. 

1. The officers and agents who will be employed in the removal and 
subsistence of Indians, according to the requirements of the particular 
service, are as follows: 1. Superintendents. 2. Assistant superintend- 
ents. 3. Enrolling agents. 4. Conductors. 5. Assistant conductors. 
6. Interpreters. 7. Physicians. 

2. The superintendent will superintend the removal of each tribe, or 
of the Indians within certain specified limits. To him will be committed 
the general operations, comprehending the duties and conduct of the 
various persons employed, the preparatory arrangements, the enrollment 
and collection of the Indians, the route, the mode of traveling, their 
movement and subsistence, and generally everything connected with this 
object. 

3. All persons appointed by the Government to aid in the business of 
removal will report to and receive the instructions of the superintendent, 
and, with the exception of disbursing agents, may be suspended by him 
from employment for causes appearing to him to be just; but the same 
shall be immediately reported to the War Department for its considera- 
tion and decision. 

4. Each superintendent shall, immediately upon entering upon his duties, 
or whenever thereafter it may become necessary to employ assistants, 
submit to the Commissioner of Indian Affairs the names of the persons 
proposed to be employed, the nature of the duties to be assigned to them, 
and the amount of compensation proposed to be given. No person shall 
be employed, except temporarily and from necessity, without the previous 
sanction of the Department. Appointments of this nature will some- 
times be made by this Department, of which due notice will be given. 

5. The superintendents will communicate to the Commissioner of 
Indian Affairs every occurrence the knowledge of which can be useful ; 
they will make weekly reports of their progress and operations; they 
will certify the quarterly abstracts of the disbursing officers ; they will, 
at least once a quarter, transmit a statement of the names, stations, 

4 — I B 



50 



employment, and compensation of the various persons in service, and 
the business they have performed during the preceding quarter; they 
will, from time to time, furnish the disbursing officers with such inform- 
ation as may enable the latter to prepare and forward the requisite esti- 
mates ; they will make requisitions upon the disbursing officers for pay- 
ments for services and supplies, and will be held accountable for errors 
and inaccuricies therein, except those of calculation. 

6. The assistant superintendents will aid the superintendent in the 
discharge of his duties, and carry into effect such instructions as may 
be given by him in relation to emigration. 

7. Enrolling agents will, under the supervision and direction of the 
superintendent, enroll the Indians for emigration. 

8. Conductors will take charge of emigrating parties on the route, 
and will have the entire control .of their respective parties, and may 
direct as to the marching and halting and periods of rest; the time and 
places of issuing provision; the transportation of the sick and feeble, 
and of the baggage ; and they will see that the parties are kept together, 
so that no stragglers shall be left; and that subsistence is distributed 
so that each individual shall be supplied, and that the comfort of the 
Indians is properly attended to, in conformity with these regulations or 
special instructions from the Commissioner of Indian Affairs, or from 
the superintendent. He will keep a journal in which will be entered a 
daily memorandum of the number of miles traveled ; of the impediments, 
if any, which prevented a more rapid progress ; of the time of marching 
and encamping^ if by land ; of the nature of the subsistence and mode of 
obtaining it, and of every other occurrence that may enable the Govern- 
ment to form a judgment of the mode in which the business has been 
done; which journal he will forward to the Commissioner of Indian 
Affairs. 

9. Assistant conductors will be under the directions of the conductor 
while on the route, and will aid him in the discharge of his duties, and 
obey such directions as he may give in relation thereto. 

10. Interpreters will be the medium of communication between the 
officers and agents of the Government and the Indians; they will be 
subject to the direction of the superintendent, and when accompanying 
emigrating parties will be under the direction of the conductor. 

11. Physicians will be charged with all things relating to the medical 
service in emigration, and will be divided into two classes, viz: direct- 
ing physicians and attending physicians. Directing physicians will have 
the general supervision and direction of the medical department of a 
tribe, will be charged with supplying medicines under the supervision 
of the superintendent, and will superintend the service of the attending 
physicians. Attending physicians will accompany parties, and perform 
all services in the line of their profession which may be required. The 
directing physician will, where it may be necessary, perform the duties 
of attending physicians. 

12. The officers of tli3 quartermaster and commissary's department 
will, at their several stations, perform such occasional service in receiv- 
ing and forwarding provisions, goods, and other property, providing 
transportation for the same, and disbursing money, as may become 



51 



necessary in the prosecution of the business of emigration of Indians, 
and which the Commissioner of Indian Affairs may require them to 
perform. 

COMPENSATION. 

13. The following will be the compensation of the different officers 
and agents employed in the removal and subsistence of Indians, and 
will be in full of all expenses and services whatever : 

A superintendent, two thousand dollars per annum. 

Assistant superintendent, four dollars per day. 

Enrolling agent, four dollars per day. 

Conductor, when not an officer of the Army, five dollars per day. 
Assistant conductor, three dollars per day. 
Interpreter, two dollars and fifty cents per day. 
Directing physician, six dollars per day. 
Attending physician, five dollars per day. 

ltt. Persons employed in collecting Indians, taking charge of teams 
and other duties of a similar nature, will not be allowed more than two 
dollars and fifty cents per day, to include their expenses ; and laborers 
will be employed agreeably to the custom of the place where their 
services are wanted. 

15. ]STo horses will be purchased or supplied by the United States for 
the use of those who are engaged in this business, but the compensation 
allow ed them will be in full for all services and expenses of every nature 
and description ; excepting while such persons accompany a detachment 
of Indians, their actual transportation and subsistence will be paid; and 
ten cents per mile, computing by the nearest route, will be allowed for 
their return. But this article will not extend to expresses. 

16. It is to be distinctly understood that persons engaged in this duty 
will travel from place to place, wherever required, finding their own 
horses, and bearing all their expenses, with the single exception stated 
in the preceding article, when they are ordered to accompany a detach- 
ment of Indians west of the Mississippi. 

DISBURSEMENTS. 

IT. All the disbursements required for the various objects connected ' 
with the removal of Indians will be made by officers of the Army, who 
will be assigned to that duty, and who will, from time to time, be fur- 
nished with funds for that purpose. 

18. These officers will carry into effect the instructions of the Com- 
missioner of Indian Affairs, and of the superintendents, so far as the 
same are in conformity with the general authority given by these regu- 
lations, or by special direction from the War Department. 

19. Payments for all services as well as supplies will be made by 
these disbursing officers, upon the requisition of the superintendents, or 
in pursuance of authority from them or from this Department; and 
duplicate vouchers will, in all cases, be taken, expressing fully the nature 
of such' service and supplies, and whatever may be necessary to enable 
the accounting officers to judge of the propriety and reasonableness of 
the charge. 



52 



20. Disbursing officers may be assigned by the superintendent, or the 
Commissioner of Indian Affairs; to act also as conductors of emigrating 
parties. 

21. The disbursing officers will transmit estimates whenever funds are 
required, showing in detail the application it is intended to make of such 
funds, together with a statement of the amount, if any, on hand, and 
the payments for which such amounts are required ; and funds will be 
furnished, either by remission from the Treasury or by drafts upon the 
War Department, as the Commissioner of Indian Affairs may judge 
best. But no drafts shall be drawn by any officer upon the Government, 
unless previous authority for that purpose has been given. 

22. All accounts and vouchers will be transmitted to the Commissioner 
of Indian Affairs immediately after the close of each quarter; and 
abstracts of expenditures showing the application of the funds will be 
transmitted at the end of every month. 

TRANSPORTATION. 

23. The route and mode for transportation will be determined by the 
superintendent, having a just regard to economy and the health and 
comfort of the Indians. 

24. When persons or families agree to transport themselves, and are 
considered capable of doing so, they will be allowed a just commuta- 
tion therefor, which will be fixed by the Commissioner of Indian Affairs 
on an examination of the probable expense. Whenever, in pursuance 
of treaty stipulations or by permission of the Commissioner of Indian 
Affairs, families or parties of Indians shall undertake to remove them- 
selves, a roll of each of such parties or families shall be made out by 
the superintendent having charge of such removal in the usual form, 
and stating in the caption thereof the terms on which such party removes, 
and the amount which they have received or will be entitled to receive; 
a copy of which shall be immediately forwarded to the disbursing officer 
west, and a duplicate also forwarded to this Department ; and no claims 
for, or on account of, such removal will be allowed, unless supported by 
such rolls, as well as the other usual vouchers. 

25. The amount necessary to be advanced to such persons previous 
to their departure will be determined by the Commissioner of Indian 
Affairs, and will be paid when they are upon the point of commencing 
their journey, under such regulations as he may prescribe. 

26. No persons, except those who are too young or too infirm to travel 
on foot, will be transported in wagons or upon horses. 

27. The amount of baggage will not exceed fifteen hundred pounds 
for every fifty persons, unless specially permitted by the Commissioner 
of Indian Affairs ; nor will any wooden furniture or heavy utensils be 
carried. The baggage must principally consist of necessary clothing, 
bedding, &c, light cooking utensils, and a few tools for agricultural and 
mechanical purposes; and no superintendent or other agent will, without 
permission from the Commissioner of Indian Affairs, receive any other 
baggage than as herein specified, to be transported by the United States, 
and for which they are responsible. 



53 



28. The ba£2:ao;e of each detachment will be weighed, and a certificate 
thereof, signed by some respectable person employed, will be transmitted 
with the accounts. The quantity to be carried in each wagon must, of 
course, depend upon the judgment of the conductor of the party, who 
will likewise point out the persons whose circumstances require they 
should ride. (See Form No. IT.) 

29. Where the route is by water, a contract will be made, if the same 
can be done upon reasonable terms, for the transportation of each indi- 
.vidual from the place of departure to the place of destination, or for as 
much thereof as can be effected. If this cannot be done, it will then be 
proper to charter a boat for the voyage, at a fixed rate. And, lastly, 
should either of the other modes be found unreasonable or impracticable, 
then a contract may be made for the hire of a boat by day. But this 
is considered the least economical plan, and therefore not to be resorted 
to till the others fail. 

30. Wagons will be hired at a fixed rate, by the hundred, if convenient, 
and if not, by the job; and where neither of these can conveniently be 
done, then by the day, with a previous understanding as to the weight 
and persons to be carried and the daily distance to be traveled. Where 
forage can be found by the owners, the contract will be so made ; but 
where it cannot be, it wiil be supplied by the United States. The 
United States will not be responsible for any accidents. 

31. Forage for the teams will be purchased in the manner prescribed 
for other supplies, and will be issued upon returns, in the mode pointed 
out for provisions. The quantity will be eight pounds of hay or fodder, 
and eight quarts of corn, or twelve quarts of oats, for each animal per 
day. 

32. Every detachment, previous to their departure, will be mustered, 
and muster-rolls, exhibiting the names of the heads of families, and the 
numbers and ages of the persons composing the same, distinguishing 
their sexes, and naming also those individuals not members of any 
families, will be made out and certified by the superintendent, upon his 
personal examination; one of w r hich shall be forwardejj to the Commis- 
sioner of Indian Affairs, and another shall be delivered to the conductor 
of the party. On the arrival of the party w r est, at their place of destina- 
tion, a re-muster shall be made by the agent receiving the party, and 
the changes in the detachmennts shall be accounted for in a column of 
remarks, and the number of the party, by personal examination on such 
muster, certified by the agent so receiving; a copy of which shall be 
forwarded to the office of Indian Affairs. (See Form No. 18.) 

SUPPLIES. 

33. It is desirable that all the important supplies should be procured 
by contracts upon previous public notice inviting proposals, and this 
rule will be adhered to where there are not strong reasons to the con- 
trary ; and where there are, they w T ill be reported to the Commissioner 
of Indian Affairs. 

34. All contracts not immediately executed .and completed, and ex- 
ceeding fifty dollars in value, will be in writing, and duplicates thereof 
will accompany the vouchers. Adequate security for the faithful per- 



54 



formance of all contracts exceeding three hundred dollars in value will 
be required. 

35. Previous to the departure of any party of emigrants, the agent 
Laving superintendence of the emigration will give seasonable notice to 
the disbursing officers west of the Mississippi, whose duty it is to pro- 
vide for the reception and subsistence of such emigrants west, in order 
that proper measures may be there taken for the subsistence and trans- 
portation of such party ; such notice will state the probable number of 
the party, the time of its departure, the probable time of its arrival on 
the Mississippi and at other points of destination, and the route which it 
will pursue. Strict attention to this duty will prevent much suffering, 
inconvenience, and expense, as the necessary consequence of throwing 
on the hands of the agent west large bodies of emigrants to be provided 
for, without notice, and from the limited supplies of that part of the 
country. The conductor of each party will also, from time to time, re- 
port to the proper disbursing agent west his progress on the route, and 
communicate all information which may be useful. 

36. A principal disbursing agent will be located at Little Rock, Ar- 
kansas, and also at St. Louis, Missouri, who will perform west of the 
Mississippi all the duties necessary to the removal and subsistence of the 
Indians in their respective limits. They will be assisted in the service 
by disbursing agents, who will be designated for that purpose, and will 
receive and execute instructions from the proper principal disbursing 
agent and from the office of Indian Affairs. 

37. Special instructions will be given by the Commissioner of Indian 
Affairs respecting the provisions required for the subsistence of the In- 
dians after their arrival in the country west of the Mississippi. These 
will, in all cases, be procured upon contract, to be based upon proposals 
previously issued. 

38. Blankets and other articles required by treaty stipulations to be 
delivered to Indians, and which can be better procured in the principal 
commercial cities than in the interior, will be purchased by the Commis- 
sioner of Indian Affairs and forwarded for delivery to the proper agent. 
None but the Mackinac blanket, so called, will be procured for Indians. 
These are much better suited to their wants and tastes than any others. 
Three and a half points must weigh ten pounds per pair; three points, 
eight pounds per pair ; and two and a half points, six and a fourth pounds 
per pair. One-half of any quantity should be three and a half points, 
one-quarter three points, and one quarter two and a half points. Certifi- 
cates of delivery, witnessed by two credible persons, will in all cases be 
required. 

PROVISIONS. 

39. The ration will consist of one pound of fresh beef or fresh pork, 
or of three-fourths of a pound of salt pork, and of three-fourths of a quart 
of corn or of corn meal, or of one pound of wheat flour, to each person, 
and of four quarts of salt for every one hundred persons. 

40. Provisions will be issued in steamboats as frequently as convenient, 
to prevent their being improvidently used; and by land they will be 
issued once a week or oftener, depending upon the situation of the party 



55 



.and upon the facility of reaching points where provisions may be de- 
posited or purchased. On land routes it will be proper to have depots 
of provisions at reasonable distances, unless where such routes are through 
the settled country, affording at all times and at reasonable prices ade- 
quate supplies. 

41. These provisions will be procured either by contract, as already 
provided, or by purchase in open market. Except in a country where 
.supplies are abundant, and while traveling, the former mode is preferable. 

42. It is recommended that contracts be previously made for issuing 
such quantities of provisions as may be wanted, at proper places, during 
the collection of the Indians, and at suitable points upon the route. 
The contractors to be at every expense attending the delivery and distri- 
bution of the provisions, and the issues to be made under the inspection 
and direction of the officer having charge of the detachment, and none 
to be issued which are not examined and approved by him, and weighed 
or measured in his presence. Under such an arrangement, however, it 
will be necessary to ascertain, previously to the departure of any detach- 
ment, that the necessary provisions are ready, and to provide them other- 
wise when there is a failure, lest the Indians might suffer where provisions 
oould not be procured. 

43. Where provisions are issued by contractors, the issue will be made 
upon provision returns, to be drawn by the officer having charge of the 
detachment ; which detachment will be divided, for their more convenient 
receipt, as he may think proper. He will abstract the whole in the 
usual mode at the end of each month, or sooner if the contract relating 
to his detachment is fulfilled, and will certify that he saw the provisions 
delivered ; and he will take special care that the issues do not exceed the 
quantity due by the muster-rolls. These abstracts will .also be certified 
by some other respectable person in employment, and will, together 
with the contracts and bills of parcels, form the vouchers of delivery. 
The provision returns will be transmitted to the Commissioner of Indian 
Affairs. 

44. "Where the provisions are not issued by the contractor, but by the 
officer in charge of the detachment, he will call to his aid some respect- 
able person employed in the business, upon whom the returns will be 
drawn, and who will take immediate charge of the issues; and whether 
issued by contractors or by the conductor, the latter will see that the 
provisions are properly distributed to the emigrants, so that each indi- 
vidual shall be supplied with proper subsistence. 

45. The same principles will, in like manner, regulate the issues to the 
Indians during the first year after their arrival at the places of their 
permanent residence. But as they will then be placed beyond the reach 
of many of those temptations which now assail them, such issues may 
be made at longer intervals, and in larger quantities. Cattle or hogs 
may be delivered, upon just estimates, on foot, and by these means much 
expense will be saved. The Indian agent will determine whether a just 
regard to the convenience of the Indian requires the designation of more 
than one place at which these issues shall be made. 

46. The year within which subsistence is to be provided will commence 
upon the clay each party arrives in the country assigned to them. The 



56 



conductor, and also the agent west, taking charge of such party, will 
immediately report to the Department the arrival of every party, and will, 
at the same time, transmit any explanations rendered necessary by any 
changes since the last muster. 

47. Families or individuals detained by sickness or other unavoidable 
causes, and unable to reach their destination at the same time with the 
party to which they belong, will be allowed to draw for the term of one 
year after the termination of their journey; but those who quit their 
party unnecessarily will only draw as long as such party draws. 

MISCELLANEOUS. 

48. In the collection of the Indians, special care will be taken that suffi- 
cient previous notice is given, and a day and place of meeting assigned; 
and in this their wishes and opinions will be consulted, so as to allow 
them ample time to make all their arrangements; and in the mean time 
they will be reminded of the necessity of punctuality. No provisions 
will be issued till the arrival of the day which has been fixed for assem- 
bling, and on that day the journal of occurrences will be commenced. 
Every exertion will be used to set out as soon thereafter as possible. 
Two weeks, if necessary, will be allowed for them to collect after the 
day fixed, but no longer, unless some unforeseen accident happens. 

49. Superintendents and disbursing agents will forward to this office, 
on the first day of every month, a statement of letters received from and 
written to this office, on the Indian emigration, and the dates of writing 
and reception. 

50. The attention of the superintendent and disbursing agent is also 
drawn to the appointments of any agents whom they are authorized to 
appoint. As soon as they are made, this office should be advised, and 
the date of commencement of service, nature of duties, rate of compen- 
sation, &c, distinctly stated. 

51. No purchases of sugar, tea, coffee, or of any other article not 
embraced in the ration, will be made, unless deemed necessary for sick 
Indians. 

52. Medicines will only be procured when actually required, or danger 
from sickness is apprehended. In no instance will full medicine chests 
or surgical instruments be purchased. 

53. No kind of property, including tools, &c, will be purchased, un- 
less it be indispensable; and it will, as soon as propriety will admit, be 
disposed of. 

54. JVb presents will be made to Indians, unless under the sanction of 
the Department; and all promises will be avoided if not in the contem- 
plation of the instructions. 

ACCOUNTS AND ACCOUNTABILITY. 

55. The accounts of the removal and subsistence of the Indians are 
distinguished into monthly and quarterly, and the expenditures divided 
into three heads — subsistence, transportation, and contingencies. 

1 . Subsistence. — This will consist of all kinds of subsistence for Indians 
— corn, beef, salt, rations, &c. 



57 



2. Transportation. — This will consist of steamboat hire, wagon hire, 
purchases and expenses of wagons, horses, oxen, boats; purchases of 
forage for teams, and subsistence for teamsters; commutation of trans- 
portation, ferriages, &c. 

3. Contingencies. — To embrace the pay and transportation of agents, 
clerks, teamsters, interpreters, and expresses ; the cost of tools and of 
all other instruments; the expense incurred in the opening of roads; 
hospital expenses, &c. 

The monthly accounts will consist alone of three abstracts under the 
above heads, and will be made for the first and second months of each 
quarter. The vouchers will not accompany them. The quarterly ac- 
counts will be made up in accordance with the following rules: 

A ccount-current. 

56. Credit the moneys received from the United States, and by trans- 
fer from others ; and debit the amount of the three abstracts of disburse- 
ments, and the moneys transferred to others. (See Form No. 1.) 

Note. — Transfers of moneys will be entered only on accounts-current, 
supported by a receipt, and must not be put on any abstract of disburse- 
ments. 

Abstract of disbursements for subsistence. 

57. Enter all purchases of subsistence for Indians, (including rations 
received under contract,) and the cost of its transportation, &c. (See 
Form No. 2.) 

Abstract of disbursements for transportation. 

58. Enter all charges appertaining to the transportation of Indians, 
and no other kind of transportation. (See "Transportation" above, 
and Form No. 3.) 

Abstract of disbursements for contingencies. 

59. (See "Contingencies" above, and Form No. 4.) 

Return of provisions and forage. 

60. Charge, first, the provisions, from the abstract of disbursements 
for subsistence; secondly, the provisions and forage, from the abstract 
of disbursements for transportation. Credit the issues per abstract of 
provisions and forage issued, and by sale or transfer to another agent. 
(See Form No. 5.) 

Abstract of ' j>rovisio?is issued. 

61. Enter, first, issues of subsistence to Indians, including rations ; and, 
secondly, the issues of subsistence to other than Indians, viz: teamsters, 
laborers, &c. This abstract will show the date of the commencement of 
issuing to each party, and the date of its arrival in the new country. 
(See For-m No. 6.) 



58 



Abstract of forage issued. 

62. The entries will show the kind of forage, number of horses, 6zc. 
(See Form No. 7.) 

Return of property. 

63. There will be property under each of the three heads of disburse- 
ments, but particularly under that of transportation and contingencies. 
The entries will be made from the abstract, specifying from whence 
derived. Mo return will be made of small articles of stationery. (See 
Form No. 8.) 

Statement of treaty articles. 

6i. Agents receiving articles for delivery to Indians under treaty stip- 
ulations conditioned upon their removal, whether by purchase or transfer, 
will make a quarterly return thereof to the Commissioner of Indian 
Affairs for each tribe, respectively, showing the articles received, on hand, 
and issued or transferred during the preceding quarter. A receipt for 
articles transferred from one agent to another will accompany the return 
as voucher for the agent so transferring. (See Form No. 9.) 

Provision and forage check. 

65. These checks are specified returns, exhibiting the quantities actu- 
ally issued. The entries will also be made on the margin, to avoid errors 
in settlement. When an issue of provision is required, a check will be 
drawn by the disbursing officer on the contractor. The assistant, where 
one is employed, will certify, on the back of the check, " I have witnessed 
the issue of the subsistence within required." Where one is not employed, 
the disbursing officer will make this certificate. The original checks will 
be forwarded, as evidence, with the accounts, and the margins kept by 
the agent, in case of accident to the others in their transmission. ( See 
Form No. 10.) 

Jliscellaneous. 

66. Articles of agreement or contracts will be entered into in accord- 
ance with the regulations ; they will be forwarded as soon as made, a dupli- 
cate or copy being kept by the disbursing officer. 

67. The vouchers of the quarterly accounts will express the nature of 
the purchase or service as specifically as possible. Where services are 
paid for, the beginning and termination must be expressed, commencing 

on the , and ending on the , and not from 

■ — to -. Where the time of service was at inter- 
vals, the several periods must be explicitly named. The signatures of 
principals will be required, except in case of absence, and then a certifi- 
cate that the agent was believed to be duly authorized will answer. But 
where an order is given for payment, a power of attorney must be 
furnished ; and in cases of administration, an authenticated copy of the 
letters. 

68. Wagons and teams, when engaged, will be entered on a roll in 
the name of the owner, or of the person understood to be duly authorized 



59 



to receipt for the wages, and the entry signed by him. This will be done 
at the time of engagement. Anything occurring subsequently to affect 
the contract will be noted in the space for remarks. When there is any 
uncertainty, let the wagons and teams be entered upon condition of accept- 
ing as many as may be wanted, taking them in the order of the roll; pro- 
vided those ordered are good and sufficient. (See Form No. 12.) 

69. Agents will be paid compensation and expenses by the disbursing 
agents, on the requisition of the superintendent, who will be held account- 
able for errors and inaccuracies, except those of calculation. (See Form 
No. 13.) 

70. The rule as to compensation is, that the pay of no agent will com- 
mence till he reports, in person, for duty to his immediate superintendent, 
and that pay continues until the arrival west of the Indians who are 
accompanied by the agent, and no longer. The rule w T ith regard to the 
transportation of agents is, that they shall receive no allowance for trans- 
portation going to duty, nor while upon duty at or near any point of 
location, but that they shall get their actual expenses traveling west with 
the Indians, and ten cents a mile, by the nearest route, returning from 
that duty. Exceptions to the strictness of this rule will be especially pro- 
vided for by instructions, or on application to this office. Disbursing 
agents will be paid their actual traveling expenses, in all cases, upon a 
certificate on honor. 

The actual expenses of all other persons when accompanying Indians 
west of the Mississippi will be in detail, from day to day, and from place 
to place, as specific as possible. The original memorandum will accom- 
pany the superintendent's requisition, and be transmitted to this office. 

71. The monthly abstracts need only be forwarded by disbursing 
agents who are located, except where otherwise required. 

72. Particular attention should be paid to the quarterly statement of 
agents. This should be regularly furnished by both superintendent and 
disbursing agent, and should exhibit a succinct account of the duties and 
labors of every person employed. (See Form No. 14.) 

73. Too much care cannot be taken to note correctly the distances 
traveled and charged for. Let them always be stated on the best author- 
ity. Where they are not found on the post-office book, and a post route 
is traveled, the certificate of the postmaster should, if convenient, be 
procured. 

74. The ferriage accounts will be certified by the conductors of 
parties. They will, in every case, state distinctly the number of Indians, 
wagons, ponies, &c, with the cost of the ferriage of each one. As fer- 
riages are very expensive, it will be advisable for the disbursing agent, 
conductor, &c, according to circumstances, to make an agreement for 
all that may pass over ferries at a reduced price. This has been done 
heretofore, and resulted in a great saving to the United States. 

75. Estimate of funds, in detail, for the next quarter will be for- 
warded regularly by the disbursing agent, so as to reach Washington at 
least twenty days before the expiration of the current quarter. No item 
will be inserted in the estimate unless it be expressly authorized by this 
office. ( See Form No. 15.) 

J. II. POINSETT, 
War Department, May 13, 1837. Secretary of War. 



60 



LIST OF FOBMS 

REFERRED TO IN" THE PRECEDING- REGULATION'S. 

1. Account-current. 

2. Abstract of disbursements on account of subsistence. 

3. Abstract of disbursements on account of transportation. 

4. Abstract of disbursements on account of contingencies. 

5. Return of provisions and forage. 

6. Abstract of provisions issued. 

7. Abstract of forage issued. 

8. Return of property. 

9. Statement of treaty articles. 

10. Provision and forage check. 

11. Rill of parcels. 

12. Roll of wagons and teams. 

13. Agents' accounts for services. 

14. Quarterly statement of agents. 

15. Estimate of funds. 

16. Abstract of disbursements for subsistence, or transportation, or 
contingencies. 

IT. Baggage certificate. 
18. Muster-roll. 

In addition to the above, the following papers will be required ; but, 
as to the forms of which, the agents and others will be governed by their 
own views : 

Weekly report, (see paragraph 5.) 

Journal of occurrences, (see paragraph 8.) 



61 




62 




63 




64 




65 




66 




67 




68 




70 




71 




72 



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No. 17. 

* BAGGAGE CEETIFIC ATE. 

/ hereby certify that I have seen the baggage of a company of 

Indians, about to remove west of the 

Mississippi, under the direction of 

weighed; and that said baggage iveighed . : 

pounds, and did not, exceed the amount allowed by the regulations. 

Dated ,18 . . 

(Signed) . 

* See paragraph 28. 



78 



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79 



No. 63. 



ADDITIONAL REGULATIONS 

For paying an nuities and executing treaty stipulations. 

1st. Superintendents to be general receivers of funds within their 
superintendencies, which they shall distribute, in their several districts, by 
requiring the presence of one agent or sub-agent at the superintendency, 
through whom the moneys shall be conveyed to the different agencies. 
The actual and necessary expenses of the agent or sub-agent who renders 
this service shall be paid. 

2d. Annuities to be remitted as follows : those that it will be necessary 
to send early on account of difficulty of transmission by water (on the 
Missouri and Arkansas) to be remitted first, and those for the Mississippi 
and lake country at a proper interval within the time that the money is 
expected. The same of goods and other articles under treaties. 

3d. Moneys for expenses of agencies, including pay of agents employed, 
blacksmiths, farmers, and others, to be remitted quarterly ; and no second 
quarter's payment to be turned over to agents by superintendents until 
an account of each preceding quarter's disbursements is rendered ; or 

4th. The agents shall give certificates to the persons employed or 
appointed by them, respectively, of the sums that may be due at the end 
of each quarter, which will pass as cash, and obviate any inconvenience 
that might result from the third provision. This arrangement to be 
adopted or not, as the superintendent and agent may agree. Payments 
not to be made by agents when they grant certificates. These evidences 
of debt to be lifted by the superintendent, who will make no payments 
of the character contemplated without them. 

5th. With the preceding qualifications, the moneys due for annuities 
by treaty stipulations and for expenses to be turned over to the several 
agents and sub-agents by the superintendents. 

6th. Each agent and sub-agent shall transmit, on the first day of every 
month, direct to the office of Indian Affairs, one abstract of the receipts 
and expenditures of the previous month, prepared as the quarterly ab- 
stracts are, except that they will be unaccompanied by vouchers, includ- 
ing goods, provisions, stock, implements of husbandry, and every species 
of property confided to his care, and another to his superintendent. 
And each agent and sub-agent shall, within five days after the expiration 
of every quarter, make out and certify his accounts for that quarter, and 
by the first mail thereafter (or by the first opportunity where there is no 
mail) transmit the same to his proper superintendent, sending by the 
mail, where there is one, a certificate of the postmaster to said office 
that he has made said transmission. 

The superintendents shall,, severally, within five days after the receipt 
of the quarterly accounts, transmit the same by mail to the Commissioner 
of Indian Affairs, with a certificate of the postmaster as above. Upon a 
failure to comply with the foregoing, or the non-arrival of the accounts 
in due course at this Department, one request for explanation shall be 
made of the agent, sub-agent, or superintendent, as the case may be, and 



80 



if it is not satisfactory such omission or neglect shall be regarded as 
just cause of removal. 

7th. The superintendent at St. Louis, and the acting superintendents 
of the Western Territory and of Michigan, shall each give bond, with 
two sureties, in the sum of twenty thousand dollars ; the different agents 
and sub-agents who disburse upwards of fifty thousand dollars shall give 
the like security; those whose disbursements are under fifty and over 
twenty thousand dollars shall enter into bond, as above, in a sum not 
exceeding ten thousand dollars; and those whose disbursements will be 
under twenty thousand dollars, in bond not exceeding five thousand 
dollars ; conditioned, severally, for the faithful discharge of their respec- 
tive duties, and the rendering of just accounts, as hereinbefore provided, 
of the receipt and expenditures of all moneys and property of every 
description intrusted to them, and the paying over of balances, and de- 
livery of property that may be at any time in their hands, on the requi- 
sition of the Department. 

8th. The emigration of Indians to be conducted, as heretofore, under 
special superintendents and agents, with the modification made necessarv 
by the law of July 5, 1838. 

9th. The regulations heretofore prescribed continue in force, except 
where changed hereby. The different superintendents and agents will 
have reference to so much of the 13th section of the law of the 30th of 
June, 1834, as requires their accounts for the year to be on file by the 
first of October. 

10th. The form of the voucher will be varied according to the change 
of circumstances. The agent will take the receipt of the individual to 
whom he makes payment, and below it will add, "I certify, on honor, 
that the above account is correct and just, and that I have actually, 

this day of , paid the amount thereof." General accounts 

of moneys or property will be certified as heretofore directed by regu- 
lations. 

11th. Eeceipts for annuities will be taken in duplicate, and certified 
by the agent and interpreter, and by a military officer, where one is 
present under the next regulation, and, when there is none, by at least 
one respectable citizen. 

12th. When an annuity is about to be paid, the Secretary of War 
will order a military officer, where one can be had for the purpose, to 
attend at the point of payment, carrying with him a small number of 
soldiers— say fifteen or twenty — to preserve order, exclude the sale and 
prevent the use of ardent spirits, to protect the Indians from losing the 
benefits intended them by the Government, either by their own improvi- 
dence or the acts of others, and, generally, to enfore the intercourse laws. 

13th. Where there are ■ independent agencies — as for the Wy an dots, 
Munsees, and Delawares in Ohio, the Miamies and Eel Rivers in Indi- 
ana, and the Six Nations in New York — the agents will be furnished with 
funds, and transmit their monthly abstracts, quarterly accounts, and 
certificates of postmasters, according to the restrictions as to time, &c., 
in the 6th of these regulations, direct to the office of the Commissioner 
of Indian Affairs. 

J. R. POINSETT. 

War Department, March 23, 1839. 



81 



Circular to the disbursing officers and agents in the service of the 

Indian Department. 

• War Department, 
Office Indian A fairs, August 20, 1846. 

Sir: The annexed 20th and 21st sections of the act of the 6th instant 
for the " better organization of the Treasury," &c, are herewith trans- 
mitted for your information and strict observance. 
Yery respectfully, your obedient servant. 

Sec. 20. And be it further enacted, That no exchange of funds shall 
be made by any disbursing officers or agents of the Government, of any 
grade or denomination whatsoever, or connected with any branch of the 
public service, other than an exchange for gold and silver; and every 
such disbursing officer, when the means for his disbursement are fur- 
nished to him in gold and silver, shall make his payments in the money 
so furnished, or when those means are furnished to him in drafts, shall 
<?ause those drafts to be presented at their place of payment, and prop- 
erly paid according to the law, and shall make his payments in the 
money so received for the drafts furnished, unless, in either case, he can 
exchange the means in his hands for gold and silver at par. And it 
shall be, and is hereby made, the duty of the head of the proper depart- 
ment immediately to suspend from duty any disbursing officer who shall 
violate the provisions of this section, and forthwith to report the name 
of the officer or agent to the President, with the fact of the violation, 
and all the circumstances accompanying the same and within the knowl- 
edge of the said Secretary, to the end that such officer or agent may be 
promptly removed from office or restored to his trust and the perform- 
ance of his duties, as to the President may seem just and proper: Pro- 
vided, however, That those disbursing officers having at present credits 
in the banks shall, until the first day of January next, be allowed to 
>check on the same, allowing the public creditors to receive their pay 
from the banks either in specie or bank-notes. 

Sec. 21. And be it further enacted, That it shall be the duty of the 
-Secretary of the Treasury to issue and publish regulations to enforce 
the speedy presentation of all Government drafts, for payment, at the 
place where payable, and to prescribe the time, according to the differ- 
ent distances of the depositaries from the seat of Government, within 
which all drafts upon them, respectively, shall be presented for payment, 
and, in default of such presentation, to direct any other mode and place 
of payment which he may deem proper; but in all these regulations and 
directions it shall be the duty of the Secretary of the Treasury to guard, 
as far as may be, against those drafts being used or thrown into circu- 
lation as a paper currency or medium of exchange. And no officer of 
the United States shall, either directly or indirectly, sell or dispose to 
any person or persons, or corporations, whatsoever, for a premium, any 
treasury note, draft, warrant, or other public security, not his private 
property, or sell or dispose of the avails or proceeds of such note, draft, 
warrant or security, in his hands for disbursement, without making 
6- 1. B. 



82 



return of such premium, and accounting therefor by charging the same 
in his accounts to the credit of the United States ; and any officer vio- 
lating this section shall be forthwith dismissed from office. 



TTae Department, October 1, 1846. 
Sir: The practice which has heretofore prevailed, to a considerable 
extent, of paying moneys due to Indians on powers of attorney given by 
them, is wholly inconsistent with the duty of Government to pay over to 
them, promptly and without abatement, whatever may be due to them 
under any treaty or law, or for any claim whatever to which they may 
be justly entitled. Agents are appointed and paid by the Government 
to attend to their business for them, and they should be the medium of 
all their communications with the Government, whether in relation to 
any claims they may have, or to their wants or wishes upon any other 
subject. 

Considering how easily Indians are imposed upon, to permit them to 
dispose of their claims, as is frequently done, for a very inadequate con- 
sideration, or to employ persons to collect them, to whom they give 
powers of attorney, and who thereupon draw the money and keep what- 
ever amount of it they may see proper as their compensation, is to neg- 
lect the duty of the Government toward them, and to allow them to do 
wrong and injustice to themselves. The practice referred to should 
therefore be discountenanced, and you will instruct all the superinten- 
dents, agents, and sub-agents of the Indian Department that it will be, 
and direct them to give the Indians under their charge clearly to under- 
stand that hereafter all then- claims, wants, or wishes should be commu- 
nicated to the Department through them, when they will be promptly 
attended to and full justice done them. 

Should any Indian or Indians, however, notwithstanding the above 
determination, persist in giving powers of attorney, no part of the sum 
which may be recovered thereupon will be paid to the persons holding 
them, except such an amount as, under the circumstances of the case, 
may appear to the Department to be a fair and just compensation for 
their trouble and expense. The remainder will, in all cases, be remitted 
to the agent or sub-agent for payment to the Indian claimant in person. 
Very respectfully, your obedient servant, 

W. L. MAKCY, 
Wii. Medtll, Esq., Secretary of War. 

Commissioner of Indian Affairs. 



Circular. 

War Department, 
Office Indian Affairs, October 2, 1846. 
The attention of all agents of the Indian Department, whose duty it 
is, or may become, to receive and disburse public money, is particularly 
called to the second and third sections of the "Act concerning the dis- 
bursement of public money," of January 31, 1823, which are as follows: 



83 



" Sec. 2. Andtbe it further enacted. That every officer or agent of 
the United States who shall receive public money which he is not author- 
ized to retain, as salary, pay, or emoluments, shall render his accounts 
quarter-yearly to the proper accounting officers of the treasury, with the 
vouchers necessary to the correct and prompt settlement thereof, within 
three months, at least, after the expiration of each successive quarter if 
resident within the United States, and within six months if resident in a 
foreign country Provided, That nothing herein contained shall be con- 
strued to restrain the Secretaries of any of the Departments from requir- 
ing such returns from any officer or agent, subject to the control of such 
Secretaries, as the public interest may require. 

Sec. 3. And be it further enacted, That every officer or agent of the 
United States who shall offend against the provisions of the preceding 
sections, shall, by the officer charged with the direction of the Depart- 
ment to which such offending officer is responsible, be promptly reported 
to the President of the United States, and dismissed from the public ser- 
vice : Provided, That in all cases where any officer in default as afore- 
said shall account to the satisfaction of the President for such default, 
he may be continued in office, anything in the foregoing provision to the 
contrary notwithstanding." 

All disbursing officers of the Department are hereby enjoined and 
required to conform strictly to the requirements of the above law in 
regard to the rendering of their accounts. Where circumstances may 
exist which prevent their doing so, they will forward in season to reach 
the Department within the prescribed time a statement, on honor, con- 
taining a full explanation of the cause or causes of the delay, in order 
that the President may judge whether they can properly be exempted 
from the penalty of the law. 

W. MEDILL, Commissioner. 



Circular. 

Department of War, 
Office Indian Affairs, April 9, 1847. 

To the superintendents, agents, and sub-agents of the Indian Depart- 
ment : 

This office perceives, with regret, that many of its officers, charged 
with the disbursement of public moneys, still continue the practice of 
using funds remitted for one purpose or object for another or others. It 
must be discontinued, as it produces not only confusion in the settlement 
of accounts, but greatly augments the labor of the accounting officers. 
Hereafter, if there are demands to be met for which there are no funds 
applicable in the hands of the officer, he will suspend the same, and 
report the fact, accompanied by an estimate, specifically setting forth 
the nature of the demand, to this office, when, if approved, the requisite 
funds will be remitted. 

W. MEDILL, 

Commissioner of Indian Affairs. 



84 



War Department, Office of Indian A ffairs. 
Sir : The annexed regulations of the War Department, with the sub- 
joined extracts from laws passed by Congress for the suppression and 
prevention of the introduction of and traffic in intoxicating liquors in 
the Indian country, are transmitted for your information and govern- 
ment. You will promptly and rigorously enforce their provisions without 
respect to persons. 

Very respectfully, your obedient servant. 

Regulations. 

The attention of all the officers and agents of the Government in the 
Indian country, and of all persons residing or entering therein under 
license or permission, is called to the 20th and 21st sections of the act 
of June 30, 1834, and to the 2d section of an act approved the 3d of 
March ultimo, the great object of which is to save our Indian population 
from the ruinous effects of the use of intoxicating liquors. 

These laws impose upon commanding officers of military posts and 
superintendents of Indian affairs, agents, and sub-agents, the following 
duties : 

1st. To cause promptly to be prosecuted any and all persons guilty of 
giving or in any way disposing of spirituous liquor or wine to an Indian 
in the Indian country, or of introducing or attempting to introduce the 
same therein ; such persons in the one case being liable to a fine of five 
hundred dollars and imprisonment for two years, and in the other to a 
fine of three hundred dollars and imprisonment for one year. 

2d. To search for any spirituous liquor or wine which there is reason 
to believe has been or is about being introduced into the Indian country, 
which is not intended as a part of the military supplies authorized by 
this Department, and, if found, to destroy it, and to seize upon the prop- 
erty of the person guilty of the offense, with which the same may be 
found, and deliver it over to the proper officer, to be proceeded against 
by libel in the proper court, such property being liable to forfeiture, one- 
half to the use of the informer and the other to that of the United States. 
It is also the duty of any person in any way in the employment of the 
Government— and the same may be done by any Indian — to destroy any 
spirituous liquor or wine found in the Indian country. 

3d. If the person guilty of introducing or attempting to introduce 
spirituous liquor or wine into the Indian country be a trader, it is the 
duty of the proper superintendent, agent, or sub-agent immediately to 
revoke his license and to put his bond in suit. 

4th. To destroy any distillery in the Indian country for the manufac- 
ture of ardent spirits, and to cause to be promptly prosecuted any person 
or persons who may erect or carry on such distillery, in order to recover 
the fine of one thousand dollars prescribed for such offense. 

It is also provided that in all prosecutions for the offenses mentioned 
in the first of the foregoing heads, Indians shall be competent witnesses. 

All military officers in the Indian country, and the superintendents, 
agents, and sub-agents of the Indian Department, are required and en 
joined to be vigilant and active in the execution of the duties imposed 



85 



upon them by these laws, which are appended hereto for their more par- 
ticular information as to the nature and extent of their respective duties ; 
and it is expected that all other persons in the employment of the Gov- 
ernment, or who are licensed or permitted to be in the Indian country, 
will on every occasion aid those officers and agents in the most effectual 
manner in their power. 

Any omission on the part of the officers of, and persons employed in, 
the Indian Department particularly, or on the part of those licensed or 
permitted to be in the Indian country, to do all that can justly and fairly 
be done to put an end to the infamous traffic with the Indians in or 
through intoxicating liquors, will be regarded as good cause for the 
removal in the one case, or in the other for the revocation of their licenses 
or permits. 

Now that Indians are made competent witnesses in our courts, for the 
purpose of further enabling the Government to destroy an evil which has 
been so destructive of their best interest and happiness, it is expected that 
the chiefs and others who desire the welfare and prosperity of the people 
will co-operate with the agents of the Government in arresting this great 
source of mischief to the Indian race. Those who fail to do so by every 
proper means in their power cannot be regarded as desiring or caring 
for either. 

By the third section of the act of the 3d ultimo it is provided that 
"No annuities, or moneys, or goods shall be paid or distributed to the 
Indians while they are under the influence of any description of intoxi- 
cating liquor, nor where there are good and sufficient reasons for the 
officers or agents whose duty it may be to make such payments or dis- 
tribution for believing that there is any species of intoxicating liquor 
within convenient reach of the Indians, nor until the chiefs and headmen 
of the tribe shall have pledged themselves to use all their influence and 
to make all proper exertions to prevent the introduction and sale of such 
liquor in their country." 

W. L. MAKCY. 

War Department, April 13, 1874. % \ %^*\ 



AN ACT to regulate trade and intercourse with the Indian tribes, and to preserve peace on 
the frontiers, approved June 30 ; 1834. 

Sec. 20. And he it further enacted, That if any person shall sell, 
exchange, or give, barter, or dispose of, any spirituous liquor or wine to 
an Indian, (in the Indain country,) such person shall forfeit and pay the 
sum of five hundred dollars; and if any person shall introduce, or attempt 
to introduce, any spirituous liquor or wine into the Indian country, 
except such supplies as shall be necessary for the officers of the United 
States and troops of the service, under the direction of the War Depart- 
ment, such person shall forfeit and pay a sum not exceeding three hun- 
dred dollars ; and if any superintendent of Indian affairs, Indian agent, 
or sub-agent, or commanding officer of a military post, has reason to 
suspect, or is informed, that any white person or Indian is about to intro- 
duce, or has introduced, any spirituous liquor or wine into the Indian 



86 



country in violation of the provisions of this section, it shall be lawful 
for such superintendent, Indian agent, or sub-agent, or military officer, 
agreeably to such regulations as may be established by the President of 
the United States, to cause the boats, stores, packages, and places of 
deposit of such person to be searched, and if any such spirituous liquor 
or wine is found, the goods, boats, packages, and peltries of such person 
shall be seized and delivered to the proper officer, and shall be proceeded 
against by libel in the proper court, and forfeited, one-half to the use of 
the informer, and the other half to the use of the United States ; and if 
such person is a trader, his license shall be revoked and his bond put in 
suit. And it shall, moreover, be lawful for any person in the service of 
the United States, or for any Indian, to take and destroy any ardent 
spirits or wine found in the Indian country, excepting military supplies, 
as mentioned in this section. 

Sec. 21. And be it further enacted, That if any person whatever 
shall, within the limits of the Indian country, set up or continue any 
distillery for manufacturing ardent spirits, he shall forfeit and pay a 
penalty of one thousand dollars; and it shall be the duty of the superin- 
tendent of Indian affairs, Indian agent, or sub-agent, within the limits of 
whose agency the same shall be set up or continued, forthwith to destroy 
and break up the same, and it shall be lawful to employ the military 
force of the United States in executing that duty. 



AN ACT to amend an act entitled "An Act to regulate trade and»intercourse with the Indian 
tribes, and to preserve peace on the frontier/' approved June 13, 1834. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the twentieth 
section of the "Act to regulate trade and intercourse with the Indian 
tribes, and to preserve peace on the frontiers," approved June thirtieth, 
eighteen hundred and thirty-four, be, and the same is hereby, amended 
so as to read as follows, to wit : 

"Sec. 20. And be it further enacted, That if any person shall sell, 
exchange, give, barter, or dispose of any spirituous liquor or wine to any 
Indian under the charge of any Indian superintendent or Indian agent 
appointed by the United States, or shall introduce, or attempt to intro- 
duce, any spirituous liquor or wine into the Indian country, such person, 
on conviction thereof before the proper district court of the United States, 
shall be imprisoned for a period not exceeding two years, and shall be 
fined not more than three hundred dollars: Provided, however, That it 
shall be a sufficient defense to any charge of introducing or attempting 
to introduce liquor into the Indian country if it be proved to be done by 
order of the War Department, or of any officer duly authorized thereto 
by the War Department. And if any superintendent of Indian affairs, 
Indian agent, or sub-agent, or commanding officer of a military post, has 
reason to suspect, or is informed, that any white person or Indian is about 
to introduce, or has introduced, any spirituous liquor or wine into the 
Indian country in violation of the provisions of this section, it shall be 
lawful for such superintendent, agent, sub-agent, or commanding officer 



87 



to cause the boats, stores, packages, wagons, sleds, and places of deposit 
of such person to be searched ; and if any such liquor is found therein, 
the same, together with the boats, teams, wagons, and sleds used in 
conveying the same, and also the goods, packages, and peltries of such 
person, shall be seized and delivered to the proper officer, and shall be 
proceeded against by libel in the proper court, and forfeited — one half 
to the informer, and the other half to the use of the United States; and 
if such person be a trader, his license shall be revoked and his bond put 
in suit. And it shall, moreover, be lawful for any person in the service 
of the United States, or for any Indian, to take and destroy any ardent 
spirits or wine found in the Indian country, except such as may be intro- 
duced therein by the War Department, and in all cases arising under 
this act Indians shall be competent witnesses." 
Approved February 13, 1862. 



AN ACT to amend an act entitled "An Act to provide for the better organization of the 
Department of Indian Affairs," and an act entitled "An Act to regulate trade and intercourse 
with the Indian tribes ; and to preserve peace on the frontiers/' approved March 3, 1847. 

Sec. 2. And be it further enacted, That the 20th section of the "Act 
to regulate trade and intercourse with the Indian tribes, and to preserve 
peace on the frontiers," approved June thirtieth, eighteen hundred and 
thirty-four, be, and the same is hereby, so amended that, in addition to 
the fines thereby imposed, any person who shall sell, exchange, or barter, 
give, or dispose of any spirituous liquor or wine to an Indian in the 
Indian country, or who shall introduce, or attempt to introduce, any 
spirituous liquor or wine into the Indian country, except such supplies as 
may be necessary for the officers of the United States and the troops of 
the service, under the direction of the War Department, such person, on 
conviction thereof before the proper district court of the United States, 
shall, in the former case, be subject to imprisonment for a period not 
exceeding two years, and in the latter case not exceeding one year, as 
shall be prescribed by the court, according to the extent and criminality 
of the offense. And in all prosecutions arising under this section, and 
under the twentieth section of the act to regulate trade and intercourse 
with the Indian tribes, and to preserve peace on the frontiers, approved 
June thirtieth, eighteen hundred and thirty-four, to which this is an 
amendment, Indians shall be competent witnesses. 

ft 



Regulations concerning the granting of licenses to trade with the 

Indians. 

1st. License to trade with the Indians will be granted only to citizens 
of the United States of unexceptionable character, and who are fit per- 
sons to be in the Indian country. They will not be granted to any per- 
son who may previously have had a license which was revoked, or the 
forfeiture of whose bond was decreed, in consequence of the violation of 
any of the laws or regulations, or of being an improper person to be in 
the Indian country. 



88 



2d. Licenses will not permit the introduction or sale in the Indian 
country of any description of any intoxicating liquor, any uniform cloth- 
ing other than that of the United States, nor any medals, flags, arm- 
bands, or other ornaments of dress bearing the figures, emblems, or 
devices of any foreign power ; nor will they authorize any trade with a 
tribe or tribes with which intercourse may have been prohibited by the 
President of the United States. 

3d. All applications for licenses must be made in writing to the proper 
agent or sub-agent ; or, in case of their absence or inability to act, to the ' 
superintendent of the district in which the tribe or tribes may be located 
with which the license to trade is desired. 

4th. The application must set forth the name and residence of the 
person or persons desiring the license ; and if a firm, the style and desig- 
nation thereof; the place or places where it is proposed to carry on the 
trade ; the amount of capital to be employed at each place ; and the names 
and capacities of the agents, clerks, and other persons it is proposed to 
employ therein, or in connection therewith. If such person be not known 
to the officer to whom the application is made, satisfactory testimonials 
of unexceptionable character and fitness to be in the Indian country must 
accompany the application. 

5th. If, after the license shall have been granted, it is desired to employ 
other persons than those named therein, either to fill vacancies or other- 
wise, their names, the capacity in which it is proposed to employ them, 
and, if not known, satisfactory testimonials, as required in the preceding 
paragraph, must first be furnished to the agent, sub-agent, or superintend- 
ent, as the case may be, and Iris permission in writing obtained therefor. 
On such permission being given, the fact will immediately be reported 
to the Department, with the names and capacities of all such persons and 
the names and capacities of those in whose places any of them are to be 
employed. A separate list of persons other than citizens of the United 
States, permitted by law to be employed by traders in the Indian country, 
such as "foreign boatmen and interpreters," will be transmitted annually, 
on the 30th of September, for the previous year, to the Commissioner of 
Indian Affairs. 

6th. All licenses will be in the form hereto annexed, and will embrace 
the same particulars required by the first sentence of paragraph four to 
be stated in the application. No trade will be permitted with any other 
tribe or tribes, or at any other place or places, than those specified in the 
license. 

7th. When the agent, sub-agent, or fuperintendent shall have deter- 
mined to grant a license, the same, duly executed, will, before being 
delivered, be transmitted to the Commissioner of Indian Affairs "for 
his approval or disapproval," as required by the second section of the 
act of June 30, 1834, "to regulate trade and intercourse with the Indian 
tribes," &c, and will be accompanied by the application and the testi- 
monials in favor of the persons to be employed. In case any of those 
persons are so favorably known to the agent, sub-agent, or superintend- 
ent that he does not consider testimonials in their favor necessary, they 
may be dispensed with by his indorsing on the application accordingly,, 
prior to its transmission with the license. 



89 



8th. The bond required by law to be given by the person or persons 
to whom a license may be granted, that they "will faithfully observe all 
the laws and regulations made for the government of trade and inter- 
course with the Indian tribes, and in no respect violate the same," will 
be according to the annexed form. Duly executed and approved by the 
person issuing the license, who will also certify to the sufficiency of the 
sureties, it will be transmitted, with the license and other papers, to the 
Commissioner of Indian Affairs. (See act approved June 30, 1867.) 

9th. No license will be granted for a longer period than one year ; 
but at the end of that time, if the agent, sub-agent, or superintendent 
be satisfied that the trade has been conducted properly, and that the 
laws and regulations of the Department and the terms of the license 
were duly observed, new license may be granted without the formality 
required by the fourth paragraph of these regulations, a new bond being 
given and transmitted to the Commissioner of Indian Affairs, as provided 
for in paragraph eight. 

10 th. The principals of all trading establishments will be held respon- 
sible for the conduct and acts of the persons in their employ in the Indian 
country ; and an infraction of any of the terms or conditions of a license, 
or any of the laws or regulations by such persons, will be considered 
good and sufficient cause for revoking the license in the same manner as 
if committed by the principals themselves. 

11th. Before new or additional goods are carried into the Indian 
country for the purpose of trade, notice thereof shall be given to the 
proper agent or sub-agent, and a copy of the invoices thereof, together 
with a list of the old goods on hand at the time, and their value, shall be 
furnished the said agent or sub-agent, under oath, or otherwise satisfac- 
torily verified, so that the Department may, at different periods, be advised 
of the quantity and description of goods on hand at any trading estab- 
lishment. 

12th. Any license maybe revoked by the proper superintendent when- 
ever, in his opinion, the person or persons licensed, or any of those in his 
or their employ, "shall have transgressed any of the laws or regulations 
made for the government of trade and intercourse with the Indian tribes, 
or that it would be improper to permit them to remain in the Indian 
country." Any infraction of the laws or regulations, or of any of the 
terms and conditions of a license, with all the circumstances connected 
therewith, and all improper conduct on the part of traders or any person 
in their employ in the Indian country, will be reported without delay to 
the superintendent of the district within which the same shall have 
occurred, in order that he may take into consideration the propriety of 
revoking the license. All cases of licenses refused or revoked, with all 
the facts and circumstances, will be promptly reported to the Department, 
aright of appeal to which, in such cases, is reserved to those feeling 
themselves aggrieved. 

W. L. MARCY, 

Secretary of War, 

War Department, JVbvember 9, 1847. 



90 



Form of license. 

Be it known that (name or names in full, and place of residence 
of each ; and if a firm, add — partners trading under the name .and 

firm of , giving the style or designation of the firm,) having 

filed his {their) application before me for a license to trade with the 
{name of the tribe) tribe of Indians at the following-named place {places) 
within the boundaries of the countries occupied by the said tribe, viz: 
{name, if any, and specific locality of place or places,) and having 
executed and filed with me a bond in the penal sum of {amount of bond) 
dollars, with {name and sureties) as sureties, conditioned, as required 
by law, for the faithful observance of all the laws and regulations pro- 
vided for the government of trade and intercourse with the Indian tribes, 
and reposing special trust and confidence in the patriotism, humanity, 
and correct business habits of the said applicant, {applicants^) and being 
satisfied that he {they) is a citizen {are citizens) of the United States as 
required by law, he is {they are) hereby authorized to carry on the busi- 
ness of trading with the said {name of tribe) tribe of Indians, at the 
above-named place, {any one or all of the above-named places^) for the 
term of one year from the date hereof, and to keep in his {their) employ 
thereat the following-named persons, or any of them, in the capacities 
affixed to their names, respectively, viz : {names and capacities of em- 
ployes^) all of which persons I am satisfied, from my own knowledge, or 
from the testimonials which have been placed in my hands, sustain a fair 
character and are fit to be in the Indian country. 

Given under my hand and seal, this day of , eighteen 

hundred and . 

Form of affidavit to be attached to licenses by the pe?^son granting 

the same,. 

I, {name of agent,) United States Indian agent for the {name of 
tribe) Indians, do solemnly swear {or affirm, or, where there are no 
magistrates accessible, certify on honor) that the license hereto annexed 
and granted by me has been granted without any agreement or under- 
standing with the party so licensed, or any other person or persons on 
the behalf of the party so licensed, for any benefit or advantage to 
myself, directly or indirectly, present or future, or to any person or per- 
sons on my behalf in any manner whatever; and that no arrangement 
for such benefit to myself, or other person on my behalf, is in contem- 
plation in case said license shall be approved. 



Section 4: of an act making appropriations for the current and con- 
tingent expenses of the Indian Department and for fulfilling treaty 
stipulations with various Indian tribes for the year ending thirtieth 
June, eighteen hundred and sixty-seven, and for other purposes. 

Sec. 4. And be it further enacted, That any loyal person, a citizen 
of the United States, of good moral character, shall be permitted to 
trade with any Indian tribe upon giving bond to the United States in 
the penal sum of not less than five nor more than ten thousand dollars, 



91 



with at least two good securities, to be approved by the superintendent 
of the district within which such person proposes to trade, or by the 
United States district judge or district attorney for the district in which 
the obligor resides, renewable each year, conditioned that such person 
will faithfully observe all the laws and regulations made for the govern- 
ment of trade and intercourse with Indian tribes, and in no respect 
violate the same : Provided, That the laws now in force regulating trade 
and intercourse with Indian tribes, affecting licensed traders, and pre- 
scribing the powers and duties of the Commissioner of Indian Affairs, 
superintendents, agents, and sub-agents in connection therewith, shall 
be continued in force and apply to traders under this provision, except 
as herein otherwise provided. 
Approved July 26, '1866. 



Form of bond. 

Know all men by these presents, that we {name in full of the person 
or persons licensed, and of their sureties, together with the place or 
places of residence of each, as in the license) are held and firmly bound 

unto the United States of America in the sum of dollars, lawful 

money of the United States ; for the payment of which, well and truly 
to be made, we bind ourselves, and each of us, our heirs, executors, and 
administrators, jointly and severally, firmly by these presents. Sealed 

with our seals, and dated this day of , one thousand eight 

hundred and -. 

The condition of the above obligation is such, that whereas {name 
and title of agent, sub-agent, superintendent, or acting superintendent) 
hath granted to the said {name of person or persons licensed as above) 
a license dated {date of license) to trade for one year with the {name of 
tribe) tribe of Indians, at the following-described place {places) within 
the boundaries of the country occupied by the said tribe, viz : {name, if 
any, and designation of locality of the i)lace or places :) 

Now, if the said {name of the person or persons licensed^) so licensed, 
shall faithfully conform to and observe all the laws and regulations made, 
or which shall be made, " for the government of trade and intercourse 
with the Indian tribes, and in no respect violate the same," and shall 
trade at the aforesaid place {places) and no other, and shall, in all re- 
spects, act conformably with the license granted to him, {them,) then this 
obligation to be void, else to remain in full force and virtue. 

Signed and sealed in presence of — 

■ [seal.] 

[seal.] 

[seal.] 



AN ACT to amend an act entitled "An Act to provide for the better organization of the De- 
partment of Indian Affairs," and an act entitled 'An Act to regulate trade and intercourse 
with the Indian tribes, and to preserve peace on the frontiers," approved March 3, 1847. 

"Sec. 3. And be it further enacted^ That the eleventh section of 
the 'Act to provide for the better organization of the Department of 



92 



Indian Affairs,' approved June thirtieth, eighteen hundred and thirty- 
four, be, and the same is hereby, so amended as to provide that all annu- 
ities or other moneys, and all goods, stipulated by treaty to be paid or 
furnished to any Indian tribe, shall, at the discretion of the President or 
Secretary of War, instead of being paid over to the chiefs, or to such 
persons as they shall designate, be divided and paid over to the heads of 
families and other individuals entitled to participate therein, or with the 
consent of the tribe be applied to such purposes as will best promote the 
happiness and prosperity of the members thereof, under such regulations 
as shall be prescribed by the Secretary of War, not inconsistent with ex- 
isting treaty stipulations. And no such annuities, or moneys, or goods 
shall be paid or distributed to the Indians while they are under the influ- 
ence of any description of intoxicating liquor, nor while there are good 
and sufficient reasons for the officers or agents, whose duty it may be to 
make such payments or distribution, for believing that there is any spe- 
cies of intoxicating liquor within convenient reach of the Indians, nor 
until the chief and headmen of the tribe shall have pledged themselves 
to use all their influence and to make all proper exertions to prevent the 
introduction and sale of such liquor in their country; and all executory 
contracts made and entered into by any Indian for the payment of money 
or goods shall be deemed and held to be null and void, and of no binding 
effect whatsoever." 



Instructions to the officers of the Indian Department wider the fore- 
going laio. 

War Department, 
Office Indian Affairs, August 30, 1847. 

Sir: In placing in your hands, for distribution to the several agents 
for payment to the different tribes of Indians of your superintendency, 
the annuities due to them for the present year, it becomes necessary to 
call your attention and that of the agents to the third section of an act 
of Congress approved the 3d of March last, which provides "that all 
annuities or other moneys, and all goods stipulated by treaty to be paid 
or furnished to any Indian tribe, shall, at the discretion of the President 
or Secretary of War, instead of being paid over to the chiefs or such 
persons as they shall designate, be divided and paid over to heads of 
families and other individuals entitled to participate therein; or, with 
the consent of the tribe, be applied to such purposes as will best promote 
the happiness and prosperity of the members thereof, under such regu- 
lations as shall be prescribed by the Secretary of War, not inconsistent 
with existing treaty stipulation. And no such annuities, or moneys, or 
goods shall be paid or distributed to the Indians while they are under 
the influence of any description . of intoxicating liquor, nor while there 
are good and sufficient reasons for the officers and agents, whose duty it 
may be to make such payments or distribution, for believing that there 
is any species of intoxicating liquor within convenient reach of the In- 
dians ; nor until the chiefs and headmen of the tribe shall have pledged 
themselves to use all their influence, and to make all proper exertions, to 



93 



prevent the introduction and sale of such liquor in their country; and 
all executory contracts made and entered into by any Indian for the 
payment of money or goods shall be deemed to be null and void and of 
no binding effect whatsoever. These provisions are wise and beneficent, 
and if properly carried out, according to their spirit and intent, must be 
productive of the greatest good to those of our Indian tribes to whom 
annuities are payable. It is probably one of the most salutary laws 
affecting our Indian relations that has ever been passed. Annuities, 
especially when large, instead of being the source of benefit and the 
means of moral and social improvement of the Indians, have but too 
generally been productive of much evil among them. Instead of being 
used to procure the necessaries and comforts of life, and to multiply the 
means and facilities of obtaining a certain and comfortable subsistence, 
they have too often proved only the fruitful source of bad habits, profli- 
gacy, and vice, contributing to the Indian love of indolence and natural 
disinclination to anything like continuous and profitable labor. 

Under the law, as it heretofore stood, the annuities were payable to the 
chiefs only, or to such persons as they might designate. When so paid, it 
was too often the case that the upright and well-disposed reaped little or 
no benefit from them whatever, the idle and profligate recklessly incurring 
large debts on the face of them, which, through improper influences, the 
chiefs would be induced to recognize and sanction as national and binding 
on the whole tribe, and ordered to be paid out of their annuities, thus 
robbing the better class to make good the improvidence of the worse, 
and producing an oppressive inequality among the individuals of the 
tribes, discouragement to those who would have made a beneficial use 
of their just share, and general discontent and dissatisfaction. When 
the money is paid to the chiefs, and the national credit is based upon 
their authority, the benefits of the funds of the nation too often inure 
principally to themselves and their special retainers and friends, and 
the mass of the tribe get little or nothing, and what they do get is 
at a sacrifice of a proper personal independence. The power of the 
chiefs to make such divisions of the funds as they choose enable them 
to control the sentiment and to overawe the individuals of the tribe 
generally ; thus converting what was intended to be a national blessing 
into a national curse. But when each individual goes to the pay-table 
and gets his due proportion it produces a just idea of individual right, 
and each knows exactly what he has to rely upon, and that beyond it 
the support and maintenance of himself depend upon his own exertions. 

The operation of the system of making the payments to the chiefs 
was also liable to be, and in some cases w r as, attended with pernicious 
effects in regard to them. It left the way open, if it did not offer induce- 
ments, to their being bribed to allow unjust and unfounded claims against 
the tribe; and through the influence and exertions of persons preferring 
such claims, led to their being depressed or elevated in standing and 
influence with their tribe, according to their dispositions to oppose such 
demands or their willingness to allow them ; thus giving rise to dissen- 
sions and heart burnings fatal to peace and harmony among themselves 
and the tribe. 

The full power given to the Department by the law will enable it to 



94 



check, to a great extent, if not entirely to cure, these evils wherever they 
exist. Individual payments will put a stop especially to the reckless 
running into debt to which many of the Indians have become so prone, 
and the encouragement held out for them to do so in the expectation 
that the chiefs can be prevailed on to order payment out of the general 
annuities. 

The power conferred by the law to withhold the annuities when the 
Indians are under the influence of intoxicating drink, or while there is 
any liquor within their convenient reach, or when they do not manifest 
a proper disposition to co-operate with the authorities of the Government 
in their efforts to put a stop to the use of ardent spirits and the nefari- 
ous traffic in them in the Indian country, may be made the effective 
means, to a great extent, of rooting out this great and prevalent evil. 
The attention of the agents and sub-agents will be called particularly to 
this subject, and they are required to use the power thus given by the 
law in the most effectual manner for the accomplishment of this great 
object. 

Since the passage of the law, letters have been received by the Presi- 
dent and this Department from some of the traders and alleged creditors 
of the Indians against per capita payments, which they represent as an 
innovation upon past usages, and a consequent invasion of their vested 
rights. But, notwithstanding the law heretofore required the annuities 
to be paid to the chiefs, or to such persons only as they might designate, 
they have in nearly all cases, for several years past, been induced by their 
own people to consent to per capita payments to the individuals of the 
tribe, which has accordingly been done, as is shown by the returns in 
the office of the Second Auditor. The law of the 3d of March is, there- 
fore, no departure from the custom which has prevailed for some years, 
nor is it any violation of the rights of those who may have claims against 
the Indians. The money will be paid over to the families and individu- 
als of the different tribes, and they will be free to apply it toward the 
discharge of their just and acknowledged liabilities. 

As the responsible guardian of the interest and welfare of the Indians, 
and in pursuance of the discretionary power vested in him by law, the 
President therefore directs that hereafter all annuities, and other moneys 
and goods due to the Indians, be paid and distributed to heads of fami- 
lies and to individuals without families entitled to participate therein, 
unless a different mode of payment or distribution is expressly required 
by treaty stipulation ; in which case, the views of the tribe in general 
council will be taken ; and if the mode prescribed by treaty be insisted 
on, after a full explanation and due consideration, it will be adopted. 

It is alleged by the writers of the letters referred to that the pro- 
vision of the law declaring null and void executory contracts with the 
Indians, if applied to past transactions, will be ex post facto. As no 
such question, however, is raised by enjoining per capita payments, 
which, as stated, is only in accordance with the course pursued in your 
superintendency for several years past, it is unnecessary to inquire how 
far the Indians are capable of making contracts with individuals of a 
legal and binding nature, being considered in the light of wards under the 
guardianship of the Government. It is certain that no such contracts 



95 



are provided for, either by law or regulations; are therefore, without 
legal authority ; and that they could not be enforced against the Indians, 
as there are no civil courts or remedies in the Indian country. Before 
they could be entitled to any consideration from the Department, on moral 
or equitable principles, they should be shown to have been made under 
justifiable circumstances, and for a fair and just consideration. Contracts, 
or other obligations for the payment of money, are said to exist between 
traders and alleged creditors and the Pottawatomies, and one or two other 
tribes, which would be carried out if the Government would pay the money 
to the chiefs. But as the law was passed to cure the evils which have 
resulted from this mode of payment, the President would not be justified 
in permitting this to be done, unless fully satisfied that the contracts were 
made under such circumstances and for such consideration as entitled 
them to be respected, and as would justify a departure from the policy of 
the law. This could only be ascertained by the claims on account of 
which such contracts or obligations were granted being submitted to this 
Department, with all the facts and circumstances, for investigation and 
for the consideration of the President. 

There is no disposition on the part of the Government to interfere 
with or to throw any obstacle in the way of the payment by the Indians 
of their just debts, either individual or national. The payment of their 
annuities to them individually will enable them to discharge those of the 
former class; and on its being ascertained, by a full and fair investiga- 
tion by the Department, that if any of the tribes owe any which should 
justly be considered of the latter class, and which were justified by the 
circumstances and objects under and for which they were created, no 
objection will be made to the Indians setting apart such portions of their 
annuities for their payment as can, properly and consistently with their 
individual wants and necessities, be spared for that purpose. But all 
such claims must be presented prior to the first of April next, in order 
that they may be investigated, and such arrangements made in regard 
to their payment as may appear to be requisite and proper, prior to the 
annuity payments next year; and you will please cause all claimants to 
be notified accordingly. It is a leading object of the Department to 
have all old transactions with the Indians finally arranged and closed, 
and that hereafter all intercourse and trade with them may be regulated 
and conducted according to simple and well-defined principles, by which 
all parties may clearly understand their relative positions, duties, and 
rights. It must be distinctly understood, however, that hereafter no 
national debts will be paid or in any manner recognized by the Govern- 
ment, unless justified by paramount necessity, and the facts and circum- 
stances rendering their creation necessary be first communicated to the 
Department, and its assent obtained before any liability whatever is 
incurred. 

It is not intended, by the directions herein contained, to debar the 
Indians from setting apart such portions of their annuities as they may 
see proper for purely charitable purposes, or for such national objects as 
may be calculated to improve their condition and to advance their gen- 
eral welfare — such as schools, and the encouragement of agriculture and 
the mechanic arts, &c. On the contrary, they should be encouraged and 



96 



stimulated to make such a disposition of a portion of the ample income 
which they, in most cases, enjoy; as money so applied will result in 
national and individual benefit, and lessen the means of evil-disposed 
individuals to indulge in vicious propensities, and render it necessary 
for all to adopt more industrious habits in order to obtain the necessaries 
and comforts of life. 

Nor are these directions intended to apply to the $50,000 payable to 
the Pottawatomies under the fifth article of the treaty of June, 1846, 
which is set apart for certain specific purposes. It is represented that, 
at the making of the treaty, there was an understanding as to the man- 
ner in which this sum should be paid ; and you are authorized to cause 
it to be paid accordingly. 

The case of Joseph Kobideaux, to which you have specially called the 
attention of the Department, the President is willing to make an excep- 
tion, in consideration of your having satisfied yourself last year, at the 
annuity payment of the Iowas and the Sacs and Foxes of the Missouri, 
that his trade with those Indians had for years been fair and liberal ; 
that the Indians admitted, and you were convinced, that his claims were 
just; and that you consented to their giving their written obligations for 
paying him in three installments, one of which was paid last year, and 
promised your influence in having the other two paid this and the next 
year. Under these circumstances, which constitute Mr. Robideaux's 
case a special one, you are authorized to permit this arrangement to be 
carried into effect, if still desired by the Indians. 
Yerv respectfully, your obedient servant, 

W. MEDILL. 



Circular relative to annual reports of superintendents and agents in 
the service of the Indian Department. 

Department of the Interior, 
Office Indian Affairs, June — , 18 — . 
Sir: The following general instructions are given for the guidance of 
the officers and employes of this Bureau in regard to the matter of pre- 
paring and forwarding the usual annual reports upon the subject of the 
condition of Indian affairs within the bounds of the various superintend- 
ences and agencies of the Department: 

1. Superintendents will direct the agents under their supervision to 
make their report embrace the condition of the service within their 
respective agencies for the period intervening between the date of the 
last annual report, whether made by themselves or predecessors, and the 
1 st of September proximo, (see, however, exception in paragraph hereof, 
.No. 3,) which report, with the sub-reports of teachers and other employes, 
together with the required tables of population, school, agricultural, and 
other statistics, must be submitted to their superintendent as soon after 
the 1st of September as practicable. 

2. Immediately after receiving said reports, sub-reports, and tables, 
the superintendent will examine the same, and thereupon prepare his 
own report, which, with those of the agents under his charge, he will, 



97 



without delay, forward to this office, so that all the papers may be 
received by it at a date not later than the 1st of October proximo. 

3. The superintendencies of Washington, Oregon, California, Nevada, 
Arizona, Montana, Idaho, and Utah, being more remote from the capital 
of the nation than the others, and the time of transmission of papers by 
mail to this city requiring a longer period, the superintendents and agents 
thereof should make up their reports to such date, prior to the 1st of 
/September, as will allow time for the same to be received at this office 
not later than the 1st October proximo. 

4. Should a superintendent find that an agent has forgotten or omitted 
to notice in his report matters of interest or importance that should be 
embraced therein, or should it be discovered that the statistical tables 
are incomplete in items that it is possible to obtain, he will forthwith 
call upon that agent for a report in regard to such matters, which, when 
received, must be forwarded at once to this office, if the annual report 
of the superintendent shall have gone forward. 

5. The reports must be written legibly upon alternate pages of fools- 
cap paper, and care taken to give the proper heading, showing where 
written, and the date ; also to write names of persons and places correctly 
and plainly. 

6. Blank forms of statistical tables will be furnished, in connection 
with copies of this circular, to the superintendents for distribution to the 
agents under their charge ; and they will also be furnished to the agents 
of the several independent and special agencies. It is expected that all 
will use their best: endeavors to have the statistics as complete as possi- 
ble in every item. Where positive data are not at hand in regard to any 
one item or more, an estimate therefor should be made upon the most 
reliable information that can be obtained ; and these statistical tables 
should be uniformly made down to the 1st of August. 

7. In case of any agent failing to report, or where, from cause, any 
agency shall not be represented by an agent, the superintendent will, in 
his own report, state the fact, and notice particularly the affairs of such 
agency according to the information he may have respecting them. 

8. These instructions also apply to agents in charge of independent 
and special agencies, and will be strictly observed by them. 

It is expected that the requirements contained in the foregoing instruc- 
tions will be carefully and promptly complied with by each and every^ 
officer of the Department ; that they will take special interest in the 
matter, and by furnishing statements of such facts and circumctances of 
importance as shall have come under their observation with reference to 
the affairs of the tribes over whom they are placed, enable the office to 
present in its annual report as correct and comprehensive an exhibit of 
the condition of the Indian service for the past year as it is possible to 
make. 

Very respectfully, your obedient servant, 



Commissioner. 



Circular, 



Department of the Interior, 

Office Indian Affairs, Washington, , 186-. 

Sir : You are requested to forward, as early as possible, statement of 

your employes for the — quarter of . 

This statement must be made out as follows: 

1. Give your own name and the names of each of your employes. 

2. The capacity in which he serves. 

3. From whence appointed. 
4r. Place where born. 

5. Date of commencement of service. 

6. Date of resignation or discharge. 

7. The point at which employed. 

8. The tribes for which employed. 

9. The amount of annual compensation. 
10. Your post office address. 

You will continue to forward these statements promptly at the end of 
each quarter, and you will keep the Department advised by letter, imme- 
diately upon its occurrence, of the termination of service of any of your 
employes, and of the appointment of a successor. 

Keports upon this subject, and statements of employes, must be trans- 
mitted separate and apart from other official papers. 

It has been found difficult heretofore to impress superintendents and 
agents with the importance of furnishing this information ; and a failure 
hereafter to do so will be considered a neglect of duty of grave character. 
Yery respectfully, your obedient servant, 

■ , Commissioner. 

To . 



Special circular. 

Department of the Interior, 
Office Indian Affairs, , 18 — . 

4 Sir : Much delay and inconvenience has heretofore been imposed upon 
this office by the neglect of some of its agents to respond promptly to 
circulars and letters calling for estimates of annuity goods required for 
their respective tribes. Some of the superintendents and agents have 
been uniformly punctual in this regard, while others either send their es- 
timates too late to be of service, or neglect to forward them at all.. . 

The object of this circular is to inform all superintendents and agents 
of this Department, whose duty it is to submit such estimates, that said 
estimates must be at this office not later than the 1st day of September 
in each year, and that any neglect of this duty will be made the subject 
of a special report to the Secretary of the Interior, with such recom- 
mendations as may be deemed advisable in regard to the delinquent 
superintendent or agent. 



99 



All estimates made by agents should be sent through their respective 
superintendents, accompanied with suggestions as to what point, and by 
what route, the goods should be shipped, and a duplicate thereof should 
be sent to this office direct. 

The superintendent will, in all cases, indorse his approval or disap- 
proval on the estimate, and transmit the same to this office without un- 
necessary delay. 

Very respectfully, your obedient servant, 

■ , Commissioner. 



Circular. 

Department of the Interior, 
Office Indian Affairs, November 5, 186 . 
To Superintendents and Agents: 

Many of the agents of this Department, and several of the superin- 
tendents, not comprehending the rule of the Treasury in the computation 
of the salaries of their subordinates, when employed by the year at a 
certain salary per annum, it has been thought necessary, in order to 
secure uniformity in the payments hereafter, to have printed the annexed 
table, which is a computation of salary at $500 per annum in all its 
fractions. 

In making payments, the superintendent or agent will consult the 
table, and easily arrive at the correct result by multiplying the per diem, 
whether the salary to be paid is $500, $1,000, $1,500, or $2,000, bearing 
in mind that all persons in the service at a stated salary per annum are 
paid quarterly one-fourth of their salary, whether the quarter contains 
90, 91, or 92 days; therefore, when such employe serves the entire 
quarter, the rule is so plain that no difficulty is likely to occur; but 
when the services are for a fraction of the quarter, the disbursing offi- 
cer must see in what quarter they were performed, and pay the per 
diem indicated by the table, noticing particularly that the per diem is 
not the same in each quarter, as is generally supposed. 

(This table has no reference to employes by the month.) 

WM. P. DOLE, 
Commissioner of Indian Affairs. 



100 



Salaries— fractions of quarters — $500 per year. 



Q 


o 
■z 


2d quarter, 91 days. 


1 

^ Oi 
<$ 

rrj 

CO 


03 

Q 


1st quarter, DO days. 


2d quarter, 9] days. 


(0 

2 aj 
& * 
"# ~i 

5 
n 


Days. 


1st quarter, 90 days. 


2d quarter, 91 days. 


3d & 4 th quarters, 
92 days. 


1 


$1 39 


81 37 


$1 36 


32 


844 44 


843 9o 


$43 48 


63 


(fed 1 ? ^o 


5?86 54 


§CD uO 


2 


2 77 


2 7o 


2 72 


33 


45 83 


45 33 


44 84 


64 




87 91 


co yo 


3 


4 16 


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34 


A7 OO 


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40 / U 


46 20 


65 


on oq 
yu ~t> 


csy 4v 


Co o4 


4 


5 55 


5 49 


5 43 


35 


48 61 


48 08 


47 55 


66 


91 67 


90 66 


89 67 


5 


6 94 


0 0/ 


6 79 


36 


50 00 


49 45 


48 91 


fi? 


y<5 uo 


92 03 


91 03 


Q 


8 33 


8 24 


8 15 


37 


51 39 


50 82 


50 27 


68 


94 45 


93 41 


92 39 




9 72 


9 61 


9 51 


38 


52 78 


52 20 


51 53 


69 


95 84 


94 78 


93 75 


g 


11 11 


iu yy 


10 87 


39 


KA 17 
04 i / 


Oj Di 


53 00 


70 


U7 OQ 

y / 4o 


96 lo 


yo 11 


9 


12 50 


12 36 


12 23 


40 


55 56 


54 95 


54 35 


71 


98 62 


97 53 


Oft At 

yo 4/ 


10 


13 88 


lo 11 


13 59 


41 


56 95 


56 32 


55 71 


72 


100 00 


98 90 


y / co 


11 


15 28 


15 11 


14 95 


42 


58 34 


57 69 


57 07 


73 


101 39 


100 27 


99 18 


12 


16 66 


16 48 


16 30 


43 


59 72 


59 07 


58 42 


74 


102 78 


101 65 


100 54 


13 


18 06 


17 86 


17 66 


44 


61 11 ' 


60 44 


59 78 


75 


104 17 


103 02 


101 90 


14 


19 44 


19 23 


19 02 


45 


62 50 


61 81 


61 14 


76 


105 56 


104 40 


103 26 


15 


20 83 


20 60 


20 38 


46 


63 89 


63 19 


62 50 


77 


106 95 


105 77 


104 62 


16 


22 22 


21 98 


21 74 


47 


65 28 


64 56 


63 86 


78 


108 34 


107 14 


105 98 


17 


24 61 


23 35 


23 10 


48 


66 67 


65 93 


65 22 


79 


109 73 


108 52 


107 34 


18 


25 00 


24 72 


24 46 


49 


68 06 


67 31 


66 57 


80 


111 11 


109 89 


108 70 


19 


26 39 


26 09 


25 81 


50 


69 45 


68 68 


67 93 


81 


112 50 


111 26 


110 95 


20 


27 77 


27 47 


27 17 


51 


70 84 


70 05 


69 29 


82 


113 88 


112 64 


111 41 


21 


29 17 


28 85 


28 53 


52 


72 23 


71 43 


70 65 


83 


115 28 


114 01 


112 77 


22 


30 55 


30 22 


29 89 


53 


73 62 


72 80 


72 01 


84 


116 66 


115 38 


114 13 


23 


31 94 


31 59 


31 25 


54 


75 00 


74 18 


73 37 


85 


118 05 


116 76 


115 49 




33 33 


32 97 


32 61 


55 


76 39 


75 55 


74 73 


86 


119 44 


118 13 


116 85 


1 


34 72 


34 34 


33 98 


56 


77 78 


76 92 


76 09 


87 


120 82 


119 51 


118 21 


26 


36 11 


35 71 


35 32 ; 


57 


79 17 


78 30 


77 45 


88 


122 22 


120 88 


119 57 


27 


37 50 


37 09 


36 68 


58 


80 56 


79 67 


78 80 


89 


123 61 


122 25 


120 92 


28 


38 89 


38 46 


38 04 


59 


81 95 


81 04 


80 16 ! 


90 


125 06 


123 63 


322 28 


29 


40 28 


39 83 


39 40 


60 


83 34 


82 42 


81 52 . 


91 




125 00 


123 ( 4 


30 


41 67 


41 21 


40 76 ; 


61 


84 73 


83 79 


82 88 | 


92 






125 CO 


31 1 


43 06 


42 58 


42 12 , 


62 


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85 16 


84 24 






i 


I 



Circular. 

Treasury Department, 

Second Comptroller's Office, 

Washington, March 1, 1861. 
The rules for the computation of time in making payments to employes 
of the Government having been so construed as in many cases to operate 
unjustly against the G-overnment, the following have been adopted and 
will be observed, when applicable, in all payments made hereafter : 

1. The law providing compensation having ignored unequal durations 
of months, by allotting the same pay to each ; and the pay-tables hav- 
ing, for convenience, subdivided each month's pay into thirty equal 
parts, thus paying, in twelve months of thirty days each, the full salary 
provided by law for the entire year, the months should be assumed, in 
computing pay, as they are by law, to be of equal length, any other 
duration than thirty days being ignored. 

2. To conform with the foregoing, to secure greater accuracy in com- 
putation, and to save the trouble and delay of four distinct calculations 
of monthly pay in hereafter computing the time of service of Govern- 
ment officers and employes, thirty days will be assumed as the length of 
each and every month in the year. 



loi 



3. For any full month's service performed by persons employed by the 
Government at a stipulated monthly rate of compensation, (or yearly 
salary, if paid in regular monthly or bi-monthly installments,) payments 
will be made at such stipulated monthly rate, without regard to the 
number of days the months paid for may contain. 

4c. In cases when the service commences on an intermediate day of the 
month, and thus embraces only a fractional part thereof, thirty days will 
be assumed to constitute the entire duration of such month, whether the 
calendar length thereof be 28, 29, 30, or 31 days, and pay will be com- 
puted accordingly. 

5. When the service terminates at an intermediate day of the month, 
and hence embraces but a fractional part thereof, the whole number of 
days during which service was rendered in such fractional part of a 
month will be allowed in making payments. 

6. For convenience in calculating service embracing two or more 
months, or parts of months, but one fraction will be made. Thus, from 
the 21st of September to the 25th of November, inclusive, will be calcu- 
lated — from 21st September to 20th October, inclusive^ as one month; 
from October 21 to November 20, inclusive, another month; and from 
21st to 25th November, inclusive, five days — making two months and 
five days. 

7. When two fractions of months occur in any account for service, 
both together being less than a whole month, as from the 21st of August 
to the 10th of September, the calculation of time will be from August 
21 to 3p, inclusive, (ignoring the 31st,) ten days, and from the 1st to the 
10th September, inclusive, ten days — making the time to be paid for 
twenty days. 

8. Service commencing in February will be calculated as though that 
month contained thirty days ; thus, from February 21 to end of month, 
inclusive, ten days will be allowed, though the actual time be but eight 
or nine days: Provided, that when service commences on the last day 
of February payment will be made for only one day in that month. 

9. The foregoing rules do not apply to commutation of rations, nor to 
laborers employed at a per diem allowance. In computing them, the 
actual number of days are to be ascertained and allowed. 

10. Laborers employed by the month and actually performing their 
first day's labor on the 31st day of any month, will be paid for that day. 

11. Soldiers rendering little or no service on the day of enlistment or 
discharge, payment for both by the Government is unjust. The clay of 
discharge, therefore, will hereafter be allowed, and the day of enlistment 
excluded. 

12. Individual pay-accounts and company and staff pay-rolls should 
distinctly specify the exact time during which officers actually rendered 
service, under authority entitling to pay, in the grade for which pay is 
claimed. 

13. When accounts are hereafter rendered for service stated to have 
been performed from one given date to another, one of the days named 
will be excluded, unless it is specified or clearly shown by the form of 
the account that the service rendered was u inclusive" of both. 

J. M. BliODHEAD, 

Comjjtroller. 



102 



Circular. 

Treasury Department, 
Second Comptroller* s Office, February 9, 1869. 

The attention of all disbursing officers and agents of the United States, 
especially of those on the Pacific coast, whose accounts are settled 
through the Second, Third, and Fourth Auditor's offices, is called to the 
provisions of the last clause of the 21st section of the act of August 6, 
1846, entitled "An Act to provide for the better organization of the 
Treasury, and for the collection, safe-keeping, transfer, and disbursement 
of the public revenue," (9 Stats., 65,) which is as follows: 

" No officer of the United States shall, either directly or indirectly, 
-sell or dispose to any person or persons, or corporations whatsoever, 
for a premium, any Treasury note, draft, warrant, or other public 
security, not his private property, or sell or dispose of the avails or pro- 
ceeds of such note, draft, warrant, or security, in his hands for disburse- 
ment, without making return of such premium, and accounting therefor 
by charging th^ same in his accounts to the credit of the United States ; 
and any officer violating this section shall be forthwith dismissed from 
office." 

These provisions are construed to apply to sales of coin, or drafts pay- 
able in coin, for a premium in "lawful money" of the United States, or 
bank notes used as currency ; and such premium is held to be " public 
money " within the intent and meaning of the act of Congress approved 
June 14, 1866, entitled "An Act to regulate and secure the safe-keeping 
of public money intrusted to disbursing officers of the United States." 
(14 Stats., 64.) 

Therefore, all such disbursing officers and agents of the United States 
who shall receive coin, or drafts payable in coin, for disbursement, are 
instructed to render separate abstracts of the amounts so received and 
disbursed by them ; and in transferring specie funds and making pay- 
ments the receipts therefor should show that they were made in coin. 
And in all cases where coin, or a draft payable in coin, has been received 
and sold, or exchanged for " lawful money," or bank notes used as cur- 
rency, at a premium, disbursing officers and agents are required, in 
making up their accounts for rendition and settlement at the Treasury, 
to charge themselves with the full amount of the premium on all such 
sales, and account for the same as " public money " received. 

J. M. BEODHEAD, 

Comptroller. 



Hides and Regulations adopted by the Department of the Interior 
relative to the presentation and examination of claims on account 
of depredations committed by Indians. 

By the seventh section of the act of Congress making appropriations 
for the Indian Department, approved May 29, 1872, it is enacted: "That 
it shall be the duty of the Secretary of the Interior to prepare and cause 
to be published such rules and regulations as he may deem necessary or 



103 



proper, prescribing the manner of presenting claims, arising under exist- 
ing laws or treaty stipulations, for compensation for depredations com- 
mitted by the Indians, and the degree and character of the evidence 
necessary to support such claims ; he shall carefully investigate all such 
claims as may be presented, subject to the rules and regulations prepared 
by him, and report to Congress, at each session thereof, the nature, char- 
acter, and amount of such claims, whether allowed by him or not, and the 
evidence upon which his action was based: Provided, That no payment 
on account of said claim shall be made without a specific appropriation 
by Congress." 

In compliance with the requirement of the law as quoted above, the 
following Rides and Regulations are prescribed : 

1 . Application for indemnity or satisfaction for the loss or injury sus- 
tained must be made by the claimant, his attorney or duly authorized 
agent, within three years after the commission of the depredation or 
injury, to the United States superintendent of Indian affairs, or Indian 
agent, or sub-agent within whose jurisdiction or charge the nation, tribe, 
or band is to which the oifenders or depredators belong. 

2. The necessary documents and proof must accompany the application 
of the claimant, his attorney or agent, and should be in legal form, and 
consist — 

First. Of the sworn declaration of the claimant, setting forth when 
and where the depreciation was committed, and by what Indians, their 
tribe or nation being named ; describing fully the property stolen or 
destroyed, and giving the quantity of each article or number, condition 
or quality thereof, and the just value of each article or piece of property 
at the time the same was so taken or destroyed. Should the depredation 
have been committed while the claimant was in the Indian country, he 
must state whether he was lawfully there, either having a license to trade 
with the Indians, a passport, or a permit from the proper Indian author- 
ities, or was en route through said country to a place of ultimate destina- 
tion at some point within the limits of any State or Territory not included 
within the limits of the reservation for any nation or tribe of Indians 
set apart by treaty provision, or by Executive order ; and he in such 
declaration must further state whether any of the property so stolen or 
destroyed has subsequently been recovered by or for him, the claimant ; 
and whether the claimant has at any time received part compensation 
therefor, and if so, how much, when and from what source ; and further, 
that the claimant has in no way endeavored to obtain private satisfaction 
-or revenge. 

Second. Of depositions of two or more persons having personal cog- 
nizance of the facts or any of them, as embraced in the declaration of 
the claimant, which deposition must set forth the means of knowledge 
which deponents have as to the fact of the depredation, when, where, by 
what of Indians, and under what circumstances the depredation was com- 
mitted, of what the property consisted that was so taken or destroyed by 
the Indians, describing it as fully as practicable, and stating the value 
thereof. If the deponents, or any of them, were at the time of the depre- 
dation in the employment of the claimant it must be so stated, and in 
what capacity. In addition to the foregoing the claimant must show, 



104 

by his own evidence or that of other persons, that at the time the depre- 
dation was committed the property then stolen or destroyed was being 
properly guarded and cared for, and that the loss thereof was not occa- 
sioned by the negligence or carelessness of himself or employes. 

3. The testimony adduced by the claimant must be taken before some 
officer authorized by law to administer oaths, or it may be taken before 
the proper superintendent of Indian affairs, Indian agent, or sob-agent. 
If taken before a justice of the peace, the official character of that person 
should be certified by some proper officer empowered thereunto. All in- 
terlineations or changes that it may be necessary to make in the testimony 
of any person testitying in behalf of the claimant, either before or at the 
signing of the same, must be duly attested by the officer before whom 
the testimony is sworn to and subscribed. 

4. When the application, documents, and proofs shall have been re- 
ceived by the superintendent of Indian affairs, Indian agent, or sub- 
agent, said officer shall carefully investigate the case ; shall ascertain, by 
inquiry of reliable persons, from advertised prices or otherwise, whether 
the prices fixed by the claimant upon the articles of property mentioned 
in the claim are just and fair as compared with the market prices ruling 
at the time in the State or Territory in which the'clepredation was com- 
mitted, with due allowance for enhancement of price by reason of trans- 
portation ; and, where it is possible to procure it, said officer shall, if 
deemed advisable, take testimony as to the credibility of the claimant, 
or of any peron testifying in his behalf; and also respecting the state- 
ment set forth in the application, documents, and proofs submitted by 
the claimant. Upon the performance of this duty, the superintendent, 
Indian agent, or sub-agent will, without unnecessary delay, present the 
case to the proper nation or tribe assembled in council, according to 
the custom of such nation or tribe, and, after fully explaining it to them, 
he will then and there demand satisfaction for the claimant. If within 
a reasonable time the nation or tribe shall not have complied with such 
demand, the fact of the depredation by some of their people being 
admitted in such council, or if they deny the charges as made, and 
peremptorily refuse to render any satisfaction, the superintendent, agent, 
or sub-agent will in such case submit a report of the proceedings had, 
together with all the papers, to the Commissioner of Indian Affairs. 
Such report shall state whether the Indians in council recognized, remem- 
bered, and admitted the depredation charged ; and if so, how far, and 
with what particularity the allegations of the claimant respecting such 
depredations were borne out by the recollections and acknowledgments 
of the Indians in reference thereto. 

5. The Commissioner of Indian Affairs will cause all claims received by 
him as above noticed to be duly registered and filed in his office, and shall, 
as soon thereafter as practicable, cause the same to be carefully examined, 
and then forwarded, with a report of his views and opinion in each case, 
to the Secretary of the Interior for the action of the Department. 

C. DELANO, 

Secretary. 

Department of the Ijstekior, July 13, 1872. 



105 



Circular. 

Department of the Interior, 

Office of Indian Affairs, , — , 18 . 

Sir : With a view to uniformity, simplicity, and the dispatch of busi- 
ness, it is required that hereafter all communications from the superin- 
tendents and agents of this Department be written upon quartopost 
paper, whenever it can be obtained ; and only one subject will be em- 
braced or referred to in any one communication, every different matter 
being made the subject of a separate letter. 

Yery respectfully, your obedient servant, 

— , Commissioner. 



Department of the Interior, 

Office of Indian Affairs, 
Washington, D. C, February 19, 1873. 
Sir : In accordance with instructions from the Honorable Secretary of 
the Interior, dated February 4, 1873, that the disbursing officers of his 
Department, and of the several bureaus connected therewith, be required 
to make weekly reports to the heads of the bureaus with which such officers 
may be connected, of the amount of public funds in their hands or on 
deposit, I inclose herewith, for your information and guidance in making 
said weekly report, a blank form for the same adapted to the Indian 
service, a full supply of which will be mailed to your address. 

The office expects a punctual compliance on your part with the above 
instructions. 

Yery respectfully, your obedient servant, 
(Signed) II. K. CLUM, 

Acting Commissioner . 



Circular. 

Department of the Interior, 

Office of Indian Affairs, 
Washington, I). C, Januaiy 3, 1871. 
By circular from this office, elated February 19, 1873, all disbursing 
officers in the Indian service were required to report, weekly, the bal- 
ance of public funds in their hands or on deposit. 

In order to effect a more satisfactory verification of such balances, I 
have now to direct, in accordance with instructions from the Honorable 
Secretary of the Interior, that, besides the weekly report above referred 
to, an additional statement be rendered at the close of each month, ex- 
hibiting the amount on hand and on deposit at such times. 

The printed form adopted for the weekly report will, until otherwise 
directed, also be used in preparing this monthly statement, the word 
"week" to be erased, and that of "month" inserted in lieu thereof. 
The above instructions must at all times be strictly complied with. 
(Signed) ED WD P. SMITH, Commissioner. 



106 



Circular. 

Department of the Interior, 

Office of Indian Affairs, 
Was/nn gton, D. C, April 14, 1873. 
Sir : In order that the Department may have such information as will 
enable it to act nhderstandingly in all matters of contracts for supplies, 
&c, for the Indian service that may be submitted for its approval, it is 
essential that when advertisement for such bids and proposals has been 
made, an abstract of the bids and a copy of the advertisement be, in each 
and every case, attached to the contract before its transmittal to this 
office. 

The above instructions are issued for the information and guidance of 
superintendents and agents in the Indian service. 

, Commissioner. 



Circular. 

Department of the Interior, 

Office of Indian Affairs, 
Washington; I). C, April 11, 1873. 
Sir: The 7th section of the act entitled "An Act making appropria- 
tions for the current and contingent expenses of the Indian Department, 
and for fulfilling treaty stipulations with various Indian tribes, for the 
year ending June 30, 1874, and for other purposes," approved February 
11, 1873, provides as follows : 

" That whenever by the terms of this act the issue of food, clothing, or 
supplies of any kind is provided for, it shall be the duty of the agent or 
commissioner issuing the same, at such issue thereof, whether it be both 
food and clothing, or either of them, or of any kind of supplies, to report 
to the Indian Bureau the number of Indians present and actually re- 
ceiving the same ; said reports to be embodied by the Indian Commis- 
sioner in his annual report." 

The Department expects from all superintendents and agents in the 
Indian service a strict compliance with the above provisions. 

, Commissioner. 



Circular letter. 

Department of the Interior, 
Office Indian Affairs, June — , 1873. 
As the franking privilege, by operation of the Act of Congress 
approved January 31, 1873, ceases on the 30th inst., the following in- 
structions are given to the superintendents and agents in the Indian ser- 
vice, for their government, after the latter date, relative to the mailable 
matter required to be forwarded by them : 



107 



1. Letters will be written, when practicable, on half sheets, but only 
on one side. 

2. One subject or matter only will be embraced in a letter, but sev- 
eral letters may be inclosed in one envelope. 

3. The monthly reports required should concisely and yet comprehen- 
sively show the condition of the Indians and affairs of the agency, specially 
noticing any events or incidents indicating a change in the habits or dis- 
position of the Indians, or affecting their general welfare — and, also, the 
main work which has been carried on by the agent and his employes 
during the month. These reports being only for the information of this 
office should not at all be depended upon by the agent to secure any 
action ; but matters requiring it, to which the attention of this office has 
been previously called in the regular way, may be noticed or referred to 
therein. 

4. The monthly statement of letters written and received by the 
superintendents and agents will be discontinued. 

5. The monthly summary statement of funds will also be discontinued. 

6. Duplicate estimates of funds have heretofore been forwarded, but 
hereafter only one will be sent. 

7. Keduce in bulk the papers used for statements of accounts, for re- 
ports of employes, statistics, &c, where it is practicable, and to such an 
extent as the information to be given, or statements necessary to be 
made, will admit, having due regard also to a proper observance of order 
and form, so that there shall be no blank or useless paper, needlessly in- 
creasing the weight of matter to be mailed. 

8. Each superintendent and agent will furnish his post-office address, 
and the name of the telegraphic station nearest to him. 

The chief object of these instructions is to have such economy practiced 
in the use of mailable matter for the Indian service as will bring the ex- 
pense of postage to the lowest amount possible, in view of the limited 
sum of money applicable for the purpose ; and the officers of this Bureau 
will bear tin's in mind, and exercise such judgment and care in this re- 
gard as shall tend to accomplish what is desired, 
Very respectfully, your obedient servant, 

, Commissioner. 



Circular. 

Department of the Interior, 

Office of Indian Affairs, 
Washington, D. C, June 6, 1873. 
Sir: The following letter, from the Second Auditor of the Treasury, 
regarding the rendition of public accounts, is herewith communicated 
for the information and guidance of superintendents, agents, and other 
disbursing officers in the Indian service. 

Yery respectfullv, your obedient servant, 

(Signed) ED WD P. SMITH, 

Commissioner. 



108 



Treasury Department, 
Second A uditors Office, May 20, 1873. 
Sir : I would respectfully call your attention to the authority under 
which allowances are made for expenses incurred by persons employed 
in the service of the Indian Department while traveling on public busi- 
ness. 

This authority is given in the act of Congress organizing the Depart- 
ment of Indian Affairs, approved June 30, 1834, the 10th section of 
which provides that " when persons are required, in the performance of 
the duties under this act, to travel from one place to another, their actual 
expenses, or a reasonable sum in lieu thereof, may be allowed them." If 
a " reasonable sum " be allowed in lieu of their actual expenses, such 
sum should .be fixed by the Secretary of the Interior before the journey 
is performed. It has been the practice of accounting officers, in audit- 
ing accounts of this character, to require an itemized account of actual 
expenses incurred, each item to be supported by a voucher, except in in- 
stances where it is clearly shown to have been impracticable to obtain 
vouchers, and in such cases a certificate on honor to that effect. 

In many instances of late the requirement to furnish sub-vouchers, as 
indicated above, has been disregarded, and the certificate of impractica- 
bility to obtain them resorted to — in cases, too, where, in the opinion 
of the accounting officers, vouchers could have been procured without 
much trouble. Accounts are now being examined in which there are 
vouchers for traveling expenses containing items for services of interpret- 
ers and hire of teams ; also for beef and flour purchased for distribution 
to -Indians — said items being unaccompanied by the receipts of the par- 
ties to whom payments are alleged to have been made. 

I would respectfully request that you call the attention of disbursing 
agents to this matter, and inform them that, hereafter, accounts for trav- 
eling expenses not supported by sub-vouchers will be disallowed, except 
in cases where it is shown to the satisfaction of the accounting officers 
that it was impossible to procure them. 

Respectfully, E. B, FRENCH, 

Second Auditor. 

Honorable Commissioner of Indian Affairs. 

Second Comptroller 's Office, May 2.1, 1873. 

Approved: E. B. CURTIS, 

Acting Comptroller. 



Circular. 

Department of the Interior, 

Office of Indian Affairs, 
Washington, I). C, June 26, 1873. 
With a view to give the Treasury Department the necessary informa- 
tion to enable it properly to transact the business arising under the pro- 
visions' of the act of May 2, 1866, entitled "An Act to facilitate the 



109 



settlement of the accounts of the Treasurer of the United States, and to 
secure certain moneys to the people of the United States, or to persons 
to whom they are due, and who are entitled to receive the same," the 
attention of all disbursing officers in the Indian service is hereby called 
to the last clause of the 6th section of said act, by which it is made the 
duty of every and each disbursing officer in any and every Department 
of the Government of the United States to make a return on the 30th 
day of June, annually, of all checks issued by such officer, and which 
may then have been outstanding and unpaid for three years and more, 
stating fully in such report the name of the payee, for what purpose 
given, the office on which drawn, the number of the voucher received 
therefor, and the date, number, and amount for which it was drawn, and, 
when known, the residence of the payee. 

(Signed) ED WD P. SMITH, 

Commissioner. 



General Order — Travel on land-grant railroads. 

Department or the Interior, 
Washington, I). C, November 26, 1873. 
Hereafter, any person traveling on public business, by authority of this 
Department, over any railroad to which grants or subsidies have been 
made by the United States, and from which payment for freight and 
transportation is directed to be withheld, by the 2d section of the act of 
March 3, 1873, (U. S. Stats., vol. 17, page 508,) will exhibit his order 
to the proper officer of the railroad company, requesting transportation, 
and a statement of the fare, to be credited to the company in conformity 
with the law. 

All persons appointed to discharge public duties who are required to 
travel should be furnished with a copy of this requirement. 

C. DELANO, 

Secretary of the Interior. 



General Order — Mileage and expense accounts. 

Department of the Interior, 
Washington, D. C, November 26, 1873. 

Any officer, clerk, or other employe of the Interior Department who 
travels, under orders from the Secretary of the Interior, or from the 
head of any one of the bureaus connected with this Department, upon 
official business, shall receive mileage at the rate of ten cents per mile 
thus traveled, or, if he prefers it, the actual amount of his necessary 
expenses for the whole journey, and no other compensation or allowance 
whatever, provided he has traveled in the customary reasonable manner, 

All accounts presented by officers, clerks, or other employes of this 
Department as aforesaid must, in future, have appended thereto a copy 
of the letter or order of detail, together with one or other of the follow- 
ing certificates, as the case may require. 



110 



All accounts for mileage must be accompained by an itemized state- 
ment of the distance actually and necessarily traveled; and all accounts 
for actual necessary expenses must be in detail, and supported by vouchers 
where such vouchers are practicable. Where the law requires an oath, 
the necessary change must be made in the certificate. No mileage or 
expense accounts will be paid by .any disbursing officer of this Depart- 
ment, or allowed by any accounting officer or clerk of the Department, 
unless stated in accordance with these regulations. 

WHEN FOE MILEAGE. 

I certify, on honor, that the distances charged in the foregoing account 
for mileage have been actually and necessarily traveled by me on public 

business, under the order of -, hereto annexed, at the date therein 

specified; and that no part of the travel has been under any free pass 
on any railway, steamboat, or other public conveyance. 

WHEN FOR ACTUAL NECESSARY EXPENSES. 

I certify, on honor, that the foregoing account for actual necessary 

expenses, incurred under the order of hereto annexed, is correct 

and just; that the expenses, as charged, have been actually incurred and 
paid at the dates therein specified, and that no part of the travel has 
been under any f ree pass on any railway, steamboat, or other public con- 
veyance. 

These regulations will take effect from and after December 1, 1873. 

C. DELANO, 
Secretary of the Interior. 



Circular. 

Department of the Interior, 

Office of Indian Affairs, 
Washington, I). C, January 3, 1 874. 
By the 19th section of the act of Congress approved August 26, 1842, 
( Stats., vol. 5, page 527,) it is directed u That no part of the contingent 
fund appropriated to any Department, bureau, or office shall be applied 
to the purchase of books, periodicals, pictures, or engravings, or other 
thing, except such books, periodicals, and maps, or other thing, as the 
head of such Department shall deem necessary and proper to carry on 
the business of such Department, and shall, by written order, direct to be 
procured for that purpose." 

By the direction of the Second Comptroller of the Treasury, the atten- 
tion of disbursing officers of the Indian Department is called to the 
above law, with advice that the provisions thereof wijl hereafter be strictly 
adhered to by the accounting officers. 

(Signed) EDWT> V. SMITH, 

Commissioner. 



Ill 



[1874. — Department No. 9. — Independent Treasaiy Div. No. 16.] 

Circular instructions concerning the proper disposition of certificate 

of deposit. 

Treasury Department, 

January 21, 1874. 

The third section of the act of March 3, 1857, requires the forward- 
ing forthwith to the Secretary of the Treasury of one of the certificates 
of deposit for every deposit of public moneys. As these certificates of 
deposit constitute an important check upon the transactions of the dif- 
ferent Government depositaries, and are required at the Treasury De- 
partment at the earliest possible moment for verification with the accounts 
of said depositaries, the following regulations concerning their future 
disposition are hereby prescribed, which, as they are based upon express 
provisions of law, will be expected to be strictly complied with : 

Hereafter the originals of all certificates of deposit for the deposit of 
any and all public moneys of every character and description, except as 
stated in the next succeeding paragraph, should be forwarded to the 
Secretary of the Treasury immediately upon their issue by the depositors, 
(not the depositaries,) who, before transmitting them, should see that 
their amounts correspond with the amounts actually deposited by them. 

EXCEPTIONS. 

Those issued to disbursing officers for disbursing funds deposited to 
their own official credit, subject to the payment of their checks, and 
more properly called disbursing officers' receipts, should be retained in 
their own possession; those issued for the transfer of funds from one 
Government depository to another, and on account of fractional currency, 
should be forwarded to the Treasurer of the United States ; and those 
issued for the deposit of moneys pertaining to the Post Office Depart- 
ment, should be forwarded to the Third Assistant Postmaster General. 

Certificates of deposit should be issued as follows: 

ON ACCOUNT OF CUSTOMS, ETC. 

Those in favor of customs officers at ports where naval officers are 
located, in triplicate; those in favor of customs officers at other ports, 
in duplicate; the duplicates of the former class to be transmitted to the 
naval officers, and the triplicates to be retained by the depositors; and 
of the latter class, the duplicate to be retained by the depositors. 

INTERNAL REVENUE. 

Those in favor of collectors of internal revenue, or in favor of other 
parties on account of internal-revenue collections, internal-revenue stamps, 
or repayments of disbursing funds, in triplicate; the duplicates to be 
transmitted to the Commissioner of Internal Revenue, and the triplicates 
to be retained by the depositors. 



112 



secretary's special accounts. 

Those issued for deposits to the credit of the Secretary of the Treasury, 
in triplicate ; the duplicates, in cases of moneys accruing to the United 
States from violations of the internal-revenue and direct-tax laws, to be 
forwarded to the Commissioner of Internal Revenue, and the triplicates 
to be retained by the depositors ; in all other cases, both the originals 
and duplicates to be forwarded to the Secretary of the Treasury, and the 
triplicates to be retained by the depositors. 

PATENT FEES. 

Those issued on account of patent fees, in triplicate ; the duplicates 
to be transmitted to the Commissioner of Patents, and the triplicates to 
be retained by the depositors. 

SURVEYS OF PUBLIC LANDS. 

Those issued on account of surveys of public lands, in triplicate ; the 
duplicates to be forwarded either to the General Land Office direct, or 
through the local land office or surveyor general's office, and the tripli- 
cates to be retained by the depositors. 

SALES OF PUBLIC LANDS, ETC. 

Those issued in favor of receivers of public moneys on account of sales 
of public lands, &c, in duplicate; the duplicates to be retained by the 
depositors. 

ARMY AND NAVY. 

Those issued to military or naval officers, either on account of repay- 
ments, sales of public property, or otherwise, in duplicate ; the dupli- 
cates to be retained by the depositors. 

SEMI-ANNUAL DUTY. 

Those issued on account of semi-annual duty, in triplicate ; the dupli- 
cates to be transmitted to the Treasurer of the United States, and the 
triplicates to be retained by depositors. 

JUDICIARY. 

Those issued to judicial officers, district attorneys, marshals, clerks of 
courts, &c, in diplicate ; the duplicates to be retained by them. 

MISSING- COUPONS. 

Those issued on account of coupons missing from bonds forwarded 
for redemption, or otherwise, in triplicate ; both the originals and dupli- 
cates to be forwarded to the Secretary of the Treasury, and the triplicates 
to be retained by the depositors. 

LOANS, INTEREST ON THE PUBLIC DEBT, CIVIL REPAYMENTS, CONSULAR FEES, 
MISCELLANEOUS AND OTHER RECEIPTS. 

Those issued on account of subscriptions to any loan, repayments of 
interest on the public debt, civil repayments except as hereinbefore other- 



113 



wise provided for, consular fees, miscellaneous and other receipts, in 
duplicate ; the duplicates to be retained by the depositors. 

GENERAL REMARKS. 

In no case are certificates of deposit required to be filed with accounts 
rendered by Government officers to the accounting officers of the Treas- 
ury Department, nor does such a disposition of any certificates of deposit 
secure to the officers transmitting them proper credits in their accounts. 
Credits are only given officers in the settlement of their accounts upon 
warrants, which warrants are issued by the Secretary of the Treasury, 
and based upon the original certificates of deposit. In taking credit in 
their accounts-current, however, for deposits made, officers should state 
specifically the date of the deposit, and the designation and location of 
the depository in which the deposit was made, as well as the source, &c. 
All original certificates of deposit in favor of military, naval, and other 
officers, the amounts of which are required to be listed and recorded in 
the offices of any of the heads of the Bureaus of the War, Navy, Interior, 
or other Executive Departments, will, immediately upon their receipt — 
a record having first been made of them for verification with the proper 
depositary accounts — be forwarded to the head of the respective Depart- 
ment to which the deposits pertain for designation of the proper appro- 
priations, &c. 

WM. A. K1CHARDSON, 

/Secretary of the Treasury. 



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